Docket No: 3584-21 
Ref: Signature Date 
 
             
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 June 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active duty on 24 June 1998.  During the period from 26 January 2000 to 1 September 2000, you received three instances of non-judicial punishment (NJP).  Your offenses were three periods of unauthorized absence, totaling 49 days, desertion and wrongful use of marijuana.  On 20 November 2000, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling 30 days.  Unfortunately, the documents pertinent to your administrative separation are not in your official military personnel file (OMPF).  In this regard, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  The record does contain the separation authority’s (SA) decision, in which the SA directed your administrative discharge from the Marine Corps with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  On 12 March 2001, you were so discharged. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your desire to upgrade your discharge and your contentions that at the time you were young and had very little family support, and you made bad decisions in difficult situations, which you have regretted for a long time.  Additionally, the Board noted that you take full responsibility for your actions.  
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by three NJPs, which included wrongful use of a controlled substance and a SCM conviction, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 
  
7/5/2021
Executive Director