DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3234-20 Ref: Signature Date This is in reference to your application of 12 April 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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 5 May 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 enlisted in the Marine Corps and began a period of active duty on 25 June 1996. You were counseled on 13 April 2000, concerning failure to meet physical fitness standards resulting in a failure of the physical fitness test. On 8 November 2000, you were counseled concerning your engagement in an inappropriate personal relationship with another noncommissioned officer. On 26 January 2001, you received a third counseling for proficiency and conduct markings based on poor personal relations and inappropriate personal conduct. On 30 January 2001, you received non-judicial punishment (NJP) for willfully disobeying a superior commissioned officer in that you disobeyed a lawful command to have no contact with a fellow Marine. On 10 September 2001, you received a second NJP for willfully disobeying a superior commissioned officer in that you did on diverse occasions from January 2001 to August 2001, wrongfully disobey a lawful command. You were notified of administrative separation procedures against you on the basis of a pattern of misconduct, and waived your right to present your case to an administrative discharge board. You were discharged from the Marine Corps on 6 January 2002, 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 other than honorable discharge. You contend that you are seeking an upgrade to get medical and monetary benefits for your service-related injuries. You state that you joined the Marine Corps right out of high school and had a period of honorable service. You state that all of this went away when you separated from your then-husband to escape an abusive marriage. You later met a Marine who you believed was trying to help you; you entered into a relationship with the Marine. You provide information about how the Marine began to show up wherever you were, threatened the lives of your two small children, and accessed your home without permission. You state you had your locks changed and filed a police report. You assert that you did not talk to anyone because you would have been killed by him. You state that you tried to stay away from the Marine but the stalking began again. You went to a Sergeant Major within your command and told her that you wanted to get out of the Marine Corps. After your discharged, the stalking continued. You state that you are very sorry for your actions. You state it was very upsetting that the situation has had so much control over your life; you “deal with anxiety and depression everyday of [your] life.” You also provide a character letter from , who oversaw your performance as an Administrative Clerk at Marine Corps Reserve Support Command, . The character letter states that you were professional, trustworthy and knowledgeable but your personal life did not level up with your impeccable work ethic. The character letter stated that believed that the affair between you and the Sergeant was history, but that the affair continued and you received NJP, which ended your career. You also provide a character letter from , who detailed your care and concern for friends and family. You also assert that you did not willfully disobey an order. You state that you were harassed and that you were too scared to get help. You state that you “do believe that having a mental breakdown and going to medical for help with (your) mental state” had a part in your discharge. The Board in its review of your entire application carefully weighed all potentially mitigating factors, including your assertion that you were being harassed and stalked by a more senior Marine and that you sought medical treatment for mental health concerns. The Board also took into account the character statement you submitted which noted your outstanding professional performance and your potential for a career in the Marine Corps, as well as the character statement which reflects your post-service contributions to friends and family. The Board assessed your claims but found there was insufficient evidence to support your claims of harassment and stalking. Additionally, even taking into account your claims of harassment and stalking, the Board found that the misconduct reflected in your record as documented by two NJPs supports the other than honorable characterization of service. The Board concluded that your record does not reflect an error or injustice, and does not merit corrective action. 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. Sincerely, 6/3/2020