DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1001-18 Ref: Signature date Dear: This letter 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 25 February 2019. 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 4 November 1991. A South Caroline Department of Social Services report from February 2000, documented injuries to your stepson. The report indicates that you and your wife defended one another, noted that the injuries were the result of an isolated occurrence and that you share parenting duties. On 23 May 2002, you made a written statement admitting to making false service record book entries; you were relieved for the cause the following day and referred to nonjudicial punishment (NJP). On 30 July 2002, your stepson passed away in the emergency room after being harmed in the care of your 14-year-old nephew. You were arrested on 12 August 2002, of allegations of child abuse. On 3 September 2002, FAP substantiated allegations of child abuse against you. On 4 September 2002, you were arraigned before Circuit Court in . On 23 September 2002, you were notified of administrative separation proceedings on the basis of a commission of a serious offense based on the arrest for felony child abuse, a concurrent arrest on an outstanding warrant for traffic violations, and the unresolved charges of violating article 107 and article 134 of the Uniform Code of Military Justice. On 15 November 2002, an administrative separation board convened and recommended that you be administratively separated with an other than honorable characterization of service. The commanding officer of concurred with the recommendation of the administrative separation board. On 2 December 2002, you were discharged from the Marine Corps on the basis of misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. You request an upgrade to your characterization of service from other than honorable to honorable on the basis of injustice, and note in your application that your re-enlistment code designator is inequitable. You state that you had rarely been in trouble throughout your career and that prior to the adverse incidents, were a model member of the service with unlimited potential. You also state that the original charges against you were wrongful and minor. You reference your personal hardships including divorce and the tragic loss of your child, and contend that you did not received proper legal representation during your administrative separation proceedings. You note that you were not afforded the opportunity to provide information related to your personal and family tragedies. You also ask that the length of time since your discharge be taken into consideration and that your post-service accomplishments be weighed in determining whether an upgrade is appropriate. You further state through counsel that you have received full punishment through your separation, and that job opportunities are denied to you due to your undesirable discharge. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your post-service conduct, the length of time since your discharge, your positive contributions to the Marine Corps, and your assertions of error and injustice during the administrative separation proceedings. The Board reviewed the available records pertaining to your administrative separation proceedings and noted that you had counsel ( , USMCR) during the 15 November 2002 administrative separation board. On 19 November 2002, the President of the Administrative Discharge Board (Lieutenant Colonel , forwarded the forwarded the Summary of Board Proceedings as well as the Findings and Recommendations Worksheet. Lieutenant Colonel letter notes that the administrative separation board recommended that you be discharged due to misconduct, specifically the commission of a serious offense. The recommendation was reviewed by your chain of command, to include the 20 November 2002 endorsement by Commanding Officer, , in which the Commanding Officer noted his concurrence with your Applying the presumption of regularity and taking into account the available records from the November 2002 administrative separation board, the Board found that you were given the opportunity to submit information about your personal situation and provide information about your service in the Marine Corp during the administrative separation proceedings. Furthermore, the Board found that you were represented by counsel and that your other than honorable characterization of service, separation code, and RE code were executed without error or injustice. The Board considered the length of time since your discharge, your post-service contributions to your community and to your family, and noted your in-service achievements prior to your misconduct, but determined that the seriousness of the offenses for which the administrative separation board found you had committed misconduct could not be overcome. The Board found that your other than honorable characterization of service is neither unjust nor erroneous and that it is supported by your in-service actions. The Board concluded that corrective action is not warranted. 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. 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, 6/7/2019