DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 7184-19  
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 12 March 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, and applicable statutes, regulations, and policies. 
  
You reenlisted in the Marine Corps on 5 October 2001 after serving honorably from 16 December 1997 to 4 October 2001.  On 7 February 2003, you received nonjudicial punishment for a seven-day unauthorized absence from the rifle range.  On 19 December 2005, you were counseled for using poor judgment and for bringing discredit upon the Marine Corps after placing yourself in circumstances that caused you to be arrested and confined on charges of statutory rape.  On 13 March 2006, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  You elected your right to an administrative discharge board (ADB).  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that the separation authority directed that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense based on the recommendation of the ADB.  You were discharged with an OTH characterization of service on 19 April 2006. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your performance record, previous honorable service, and statements of support from immediate peers and supervisors were not considered during your “discharge review.”  Additionally, the Board considered the copies of the support letters submitted with your request.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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 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, 

3/31/2020