Docket No: 4190-20             
Ref: Signature Date 
 
 
Dear : 
 
This 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 relevant portions of your naval record and your application, 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 13 July 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, as well as applicable statutes, regulations, and policies. 
 
You are serving in the Marine Corps on active duty in the grade of Sergeant.  On 12 March 2019, you were notified of administrative separation proceedings against you on the basis of alleged sexual misconduct.  You elected to appear before an administrative separation board.  On 17 January 2020, the Commandant of the Marine Corps authorized Commanding Officer, Marine Corps Information Operations Center, to withhold the Marine Corps Good Conduct Medal (MCGCM) for actions which were not in keeping with the high moral standards of the United States Marine Corps.  The authorized reset date was directed to commence on 12 March 2019, the date of notification of the separation process.  On 23 April 2020, an administrative separation board determined by majority vote that the evidence did not support a finding of misconduct.  The recommendation for administrative discharge was disapproved on 7 May 2020. 
 
In your petition to the Board, you ask that your Good Conduct Medal be approved for the month of October 2019, and that your anniversary date be reset to 29 October 2019 due to a finding of no misconduct by the administrative separation board and subsequent recommendation by the staff judge advocate that retention be directed. 
 
The Board considered your request pursuant to the guidance of SECNAVINST 1650.1 series, and noted that Chapter 4, § 420, paragraph 3 states the CMC has review authority over the Marine Corps Good Conduct Medal and that a Good Conduct Award Certificate will be completed by the commanding officer at the time entitlement is confirmed for presentation to the member.  The Board noted that you did not provide information concerning your request for correction to your record with Headquarters Marine Corps/CMC nor do you appear to have obtained an updated Good Conduct Award Certificate from your commanding officer as to your qualification for the Good Conduct Award.  As you do not appear to have exhausted your lower administrative remedies prior to petitioning the Board, the Board denied your request for 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.