DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2594-16 
SEP 14 1017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 of the United States Code, section 1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 14 June 2017. The names and votes ofthe 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

You are an active duty Marine serving in the rank of sergeant. On 14 May 2013, you initiated divorce proceedings in a court of law in the State of Hawaii, and began the dissolution of your marriage. On 12 June 2013, you received nonjudicial punishment (NJP) from wrongfully engaging in sexual intercourse with a fellow Marine who was not your husband, and for having a visitor in your barracks room after hours without appropriately logging him in and without keeping the door to the barracks room open. On 31July2013, your uncontested divorce was granted by the Court. 

The Board considered your request for the removal of the NJP from 12 June 2013,,..on the basis of injustice. When making its determination, the Board reviewed the specific circumstances surrounding your involvement with a male Marine and noted that you provide evidence that indicates that your parents arranged a marriage for you, you filed for divorce without a complete understanding of the court proceedings and that at the time of the misconduct that led to the NJP, you did not realize you were still legally married. The Board considered the email from your chain ofcommand that stated that both officer and enlisted leadership were against moving forward with the NJP given your specific circumstances, but that the Battalion Commander carried out the NJP as was her right. 

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material or injustice. The Board carefully weighed all potentially mitigating factors, such your English language proficiency at the time ofthe misconduct, the fact that you had initiated divorce proceedings and had the support from within the lower leadership levels ofyour chain of command following the incident. The Board considered that you had initiated divorce proceedings at the time of the misconduct, but that the marriage had not yet been dissolved by the Court. The Board concluded you did commit the misconduct for which you were found guilty at NJP and that the NJP was executed by the Battalion Commander in accordance with her authority and was without error. The Board also determined that despite the mitigating circumstances surrounding the incident, the resultant NJP was not unjust; the Board based its conclusion on the Battalion Commander's discretion to oversee the conduct and behavior of Marines within barracks rooms. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director