Docket No: 4226-20        
 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 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 you did not file your application 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 17 May 2021.  The names and votes of the panel members 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, including the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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 on 18 January 2011.  On 6 January 2015, you received nonjudicial punishment for disobeying an order by having a female in your room and for trying to hide the female in your room.  On 1 May 2015, you were convicted by a general court-martial of conspiracy to commit an offense, violating an order by providing alcohol to minors, a sexual-related offense, and fraternization.  Your sentence included a bad conduct discharge.  Your bad conduct discharge was approved, and on 30 August 2017, you were so discharged.   
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  In your petition, you contend that there were defects in the evidence in your court-martial, and that the outcome was not equitable.  You also state that the facts did not support a finding of conspiracy.  The Board noted that your case involved a court-martial panel that included enlisted members, which would have involved their evaluation of the evidence and the credibility of witnesses who were subject to cross-examination along with other features in the court-martial process.  Under these circumstances, the Board determined your contentions did not rise to the level that it believed it had a basis to second-guess the findings of your general court-martial.   
 
You also contend that while you were stationed in Hawaii, you had high levels of anxiety, which led to your drinking and poor judgment.  You included with your petition a letter from a medical provider who explained that you have been diagnosed with major depressive disorder, PTSD (primarily from actions that occurred while you were incarcerated), and social anxiety disorder.  You included a substantial number of medical records.  The Board carefully reviewed your mental health-related assertions, including reviewing the materials you attached.  However, the Board noted that you did not provide any supporting medical evidence from before the misconduct at issue occurred, and the Board also was not able to find a nexus between the materials that you attached, and your diagnoses, with the misconduct that you engaged in while on active duty. 
 
The Board also considered the supporting materials you provided pursuant to the Wilkie Memo relating to evaluating requests for discharge upgrades based upon clemency.  You have explained that since your discharge, you have volunteered for your Masonic Lodge, have been feeding the homeless, provided Christmas gifts for children in a shelter, spent time with your son, have taken classes, and have sold raffle tickets for scholarship money for high school students.  In addition, you contend that you served honestly and ethically, and that you had admirable proficiency and conduct marks, having been entrusted with a significant account and credit card while on active duty, and that you received a Navy Achievement Medal.  The Board also considered the letters of reference and support that you provided.  After careful consideration of all of your contentions and the supporting materials, the Board found that the information you provided was not sufficient to warrant relief.  In conclusion, given the totality of the circumstances, as well as a review of your overall service record in light of the misconduct for which you received nonjudicial punishment and a court-martial conviction, the Board determined that your request does not merit relief. 
 
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, 
5/24/2021 
Executive Director