DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON. VA 22204-2490 Docket No. 9587-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX USMC Ref: (a) Title 10 U.S.C. § 1552 (b) SECNAVINST 1920.6C Encl: (1) DD Form 149 w/enelosures (2) DC M&RA ltr 1920 JPL of 30 Oct 17 (3) Report of Misconduct, CG, 1920 SJA of 16 Jan 18 (4) Administrative Remark (Page 11) of 16 Jan 18 (5) Fitness Report forthe reporting period 15 May 17 to 19 Jan 18 (6) Notification of Administrative Separation, CG. ltr 1920 SJA of 5 Jun 18 (7) Repon of Misconduct, CG, ltr 1920 SJA of 24 Sep 18 (8) Report of Misconduct and Administrative Separation. CMC ltr 1920 JPL 18 Mar 19 1. Pursuant to reference (a), Petitioner, a discharged commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), req.uesting that her naval record be corrected by removing from her official military personnel file (OMPF) the Report of Misconduct dated 16 January 2018, Administrative Remarks (Page 11) counseling entry of 16 January 2018, fitness repon covering the period of 15 May 2017 to 19 January 2018, and all records penaining to administrative separation. In addition, Petitioner requested reinstatement to active duty with back pay and allowances. 2. A three member panel of the Board, sitting in executive session, reviewed Petitioner's allegations of error and injustice on 8 December 2020 and, pursuant to its regulations, detennined that the evidence submitted was im,ufficicnt to establish the existence of probable material error or injustice. Documentary material considered by the Board consisted of the enclosures. relevant ponions of Petitioner's naval records, and applicable statute'i, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice. found as follows: a. Before applying to this Board, Petitioner exhausted all adrninistrative remedies available under existing law and regulation within the Department of the Navy. b. On 16 September 2016 Petitioner was arrested for Driving While Intoxicated (DWI}. Deputy Commandant, Manpower and Reserve Affairs (DC, M&RA) closed Petitioner's case on 30 October 2017, enclosure (2). Enclosure (3) states that on 1O November 2017 Petitioner, as the Ground Supply Officer-In Chargc, took her junior Marines to the bowling alley on and drank three beers in violation of MARFOREUR/AF General Order No. I. Later that evening, Petitioner drank alcohol with enlisted Marines and had inappropriate physical contact with a Corporal under her charge. Petitioner received enclosure (4), a Page 11 counseling entry from Commanding General (CG), , on 16 January 2018, and enclosure (5), an adverse fitne s report for the reporting period 15 May 2017 to 19 January 2018. As this was Petitioner's second alcohol-related incident, on 5 June 2018, CG, notified Petitioner that she would be processed for administrative separation via notification procedures for substandard performance of duty and misconduct, moral, or professional dereliction, enclosure (6). c. On 15 June 2018, Petitioner submitted a request for retention. On 24 September 2018, CG, disapproved Petitioner's request for retention and recommended Petitioner be separated from the Marine Corps via notification procedures with a General (Under Honorable Conditions) characterization of service, enclosure (7). Petitioner, via counsel, submitted Supplemental Matters on 25 January 2019. The Commandant of the Marine Corps reconunended separation with a General (Under Honorable Conditions) characterization of service on 18 March 2019. On 22 March 2019 the Assistant Secretary of the Navy Manpower and Reserve Affairs approved the CMC recommendation. enclosure (8). and Petitioner was separated on 30 April 2019 with a General (Under Honorable Conditions) characterization of service and a separation code of JKM l. d. Petitioner contends that she did not commit misconduct. that the allegations against her were unsupported by the evidence, and that the Command Investigation (CI), upon which the Report of Misconduct was based. was conducted by an officer who was biased against her and could not serve as an impartial investigator. e. The Board noted that the CI was reviewed by the Special Purpose Staff Judge Advocate (SJA) as well as the Marine Forces and SJA and, as documented in Petitioner's adverse fitness report, the CI provided sufficient evidence to substantiate the violation stated in the CG, , Page 11 counseJing of 16 January 2018. The Board further noted that Petitioner's second alcohol related incident occurred less than two weeks after , M&RA tenninated the first case, indicating that Petitioner had a pattern of alcohol misuse and misconduct. CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner's separation with a General (Under Honorable Conditions) characterization of service is valid and the Report of Misconduct, Page 11, adverse fitness report, and all records pertaining to the administrative separation will remain in her OMPF. RECOMMENDATION In view of the above, the Board recommends no relief be granted. 4. It is certified that a quorum was present at the Board's review and deliberations. and that the foregoing is a true and complete record of the Board's proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. Executive Director 10 Feb 2021 PRINCIPAL DEPUTY, ASSISTANT SECRETARY OF THE NAVY (M&RA) DECISION: (Perfonning the Duties of the Assistant Secretary of lhe Navy (M&RA)) Reviewed and Approved Board Recommendation (Deny Relief) PTDO ASN(M&RA)