Docket No: 5464-20            
Ref: Signature Date 
 
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 14 September 2020.  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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted into the Marine Corps and began a period of active duty on 31 July 2000.  You were meritoriously promoted to the rank of lance corporal on 2 June 2001.  In 2002, you were assigned duty at the   You received the Marine Corps Good Conduct Medal for your service from 31 July 2000 through 30 July 2003.  On 11 August 2003, you were counseled regarding being relieved for cause from your position with Marine Security Guard Program as a result of illegally obtaining a copy of classified documents that listed the safe combinations of several security containers.  Your record indicates that you were also counseled for subsequently opening the containers, removing the classified information, filing false reports that the information was left unsecured, and issuing security violation notices to individuals.  On 6 February 2004, you were found guilty at a special court-martial (SPCM) for dereliction of duty and four specifications of false official statement.  You were sentenced to confinement for a period of 12 months, forfeiture of pay, reduction in rank to private, and a bad conduct discharge.  On 30 September 2005, you were notified of the completion of the appellate review of your special court martial proceedings.  On 1 February 2006, the Navy and Marine Corps Appellate Leave Activity approved the sentence of confinement, reduction in rank, forfeiture of pay, and bad conduct discharge.  On 5 August 2006, you were discharged from the Marine Corps on the basis of the SPCM, received a bad conduct character of service, and a reentry code of RE-4. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your personal statement in which you state that during your enlistment you were an exemplary Marine.  Additionally you contend that at the time of the incident that resulted in your discharge, you had only four months left on your enlistment and your package for sergeant was on the gunnery sergeant’s desk.  You note that prior to the incident, you were feeling anxious, worried and depressed; you cite dealing with heartbreak from your first love and did not feel as if you had the support of your superiors and peers.  You state these factors caused the misconduct because you were trying to get back in the good graces of your detachment.  Additionally, since your discharge, you have been a good citizen, have four children, and hold down a full time job.  The Board further considered your desire to upgrade your discharge, your service accomplishments, and contention that you have been a productive member of society since your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that even in consideration of the mitigating factors you raised in your petition to include your personal struggles, your command environment, your youth, and your post discharge character and accomplishments, the seriousness of the misconduct for which you were found guilty at a SPCM supported your bad conduct discharge.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
You are entitled to have the Board reconsider its decision upon 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, 
 
1/13/2021
Executive Director