Docket No: 2084-18 

Ref: Signature date 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 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 
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. 

Regarding your request for a personal appearance, the Board determined a personal appearance 
with or without counsel would not materially add to their understanding of the issues involved. 
Therefore, the Board determined 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 It 
appears you served without disciplinary incident until when you received 
nonjudicial punishment (NJP) for a two-day unauthorized absence (UA) and failure to obey an 
order. On you were formally counseled for returning one day late from leave and 
failing to follow the Officer of the Day’s directive to inform your chain of command. On 
you were convicted in civil court for impaired driving with a blood alcohol 
content of 0.16 and subsequently counseled on for the alcohol-related incident. 

On a investigation was forwarded to your command directing administrative separation proceedings 
because you had been identified as one who had procured a fraudulent enlistment in the Marine Corps using false 
information regarding your alien status. Subsequently, on you were notified 
of the initiation of administrative separation action by reason of fraudulent entry. After being 
notified of, and accepting administrative separation with, a general (under honorable conditions) 
characterization of service, you had additional disciplinary issues before your separation. On 
you were counseled after driving on a suspended license, recklessly, and under the 
influence of alcohol. In you committed misconduct which led to your conviction by 
special court-martial (SPCM) on for disrespect toward a superior noncommissioned 
officer, disobeying a lawful order, assault, drunk and disorderly, and communicating a threat. 
You were awarded confinement, forfeiture, and a bad conduct discharge (BCD). The BCD was 
subsequently approved at all levels of review, and, on you were discharged. 

You contend you were publicly informed, in front of your fellow Marines during a mid-day 
formation, that your enlistment was erroneous because you were an undocumented immigrant. 
You further contend that you went from being “one of a team of patriots and warriors” serving 
the country to “an outcast among Marines”. You specifically contend you were threatened by a 
chief warrant officer who stated he would ensure you did not receive an honorable discharge. 
You contend the “pressure of ostracism, isolation, and uncertainty regarding your legal status 
and future” led you to drink alcohol. Additionally, you contend you were never offered alcohol 
treatment despite a statement from an immediate superior that alcohol treatment was needed in 
order to rehabilitate and improve you. 

Regarding the misconduct that led to your SPCM conviction, you contend you were singled out 
to take a blood test after arriving late to command physical training (PT). Frustrated that other 
late Marines were not required to take a blood test, you refused. Your refusal resulted in an 
argument between yourself, the PT instructor, and other Marines. Due to being upset, you 
contend you made improper and offensive comments in the heat of the moment which resulted in 
you being detained in the brig for six months. 

Lastly, you contend your post-service record warrants clemency. But for caving to the stressful 
pressure, you would have continued to meet Marine standards and ultimately would have 
become a citizen of the United States. Since your discharge, you contend you’ve remained free 
from alcohol, drugs, and negative involvement with law enforcement. You further contend you 
are active in church and host a church group in your home. Due to your pending citizenship 
issues, you have been unable to find full-time work but you live with your sister and take care of 
your niece while taking online computer technician certification courses. 

In closing, you stated you enlisted in the Marines after September 11th in order to fight for your 
country. You contend your desire is to become a United States citizen, but to continue to pursue 
this dream, you must have a general (under honorable conditions) characterization of service. 
You further explain that your BCD makes you eligible for deportation, “a cruel irony for a 
veteran who joined the Marine Corps based on the promise of citizenship.” 

The Board carefully weighed all potentially mitigating factors, each of the above contentions, 
and the evidence submitted in support of each. The Board, however, concluded these factors 
were not sufficient to warrant relief in your case given your misconduct before your notification 
that you were being administratively processed due to fraudulent entry. The Board noted that, 
although it cannot set aside a conviction, it may grant clemency in the form of changing a 
characterization of service, even one awarded by a court-martial. Unfortunately, the Board did 
not find evidence of an error or injustice that warrants upgrading your characterization of 
service. 

The Board also noted your request for relief in the form of directing the Naval Discharge Review 
Board to reinstate your right to a personal appearance and review your case as if it were your 
first review. The Board does not have the authority to grant the requested relief. 

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.