DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  6196-19 
Ref: Signature date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 6 January 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps Reserve and began a period of active duty for training on 6 July 2009.  On 11 January 2010, you were counseled for Failure to Obey a Lawful Order.  On 13 March 2010, you were restricted for promotion due to failure of the physical fitness test. On 16 November 2013, you were counseled for illegal drug involvement.  On 19 September 2014, you were counseled for Insubordination, Failure to Obey a Lawful Order, Wrongful Use of Drugs, Provoking Speech or Gestures, and Assault.  On 30 December 2014, you were not recommended for promotion.  On 19 March 2015, you were not recommended for promotion.  On 19 April 2015, you were counseled for Unauthorized Absence.  On 9 May 2015, you were counseled for Failure to be at Place of Duty.  Subsequently, administrative discharge action was initiated.  On 2 June 2015, you were notified that you were being processed for administrative separation, and you consulted with counsel.  On 26 June 2015, the Staff Judge Advocate to the Separation Authority found the package legally sufficient in law and fact.  On 6 July 2015, the Separation Authority approved your separation with an Under Other than Honorable (OTH) characterization of service.  On 28 December 2018, the Naval Discharge Review Board denied relief for your administrative separation. 

The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your reentry code and the characterization of your service and your assertions that you were accused of violations of the UCMJ, but never charged.  The Board noted that many of the offenses occurred when you were in civilian status and could not be charged under the Uniform Code of Military Justice.  In addition, the Board weighed your assertion that you were given a General discharge without a Board, but had a right to one since you had served six years.  The Board noted that the command initiated administrative discharge action before you reached six years of service.  As such, the command complied with applicable instructions. The Board concluded that your misconduct outweighed your desire to change your reentry code and upgrade the character of your discharge and denied your request.
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,