DEPARTMENT OF THE NAVY 

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

FEB 13 2017 

Dear 

This is in reference.to your application for correction ofyour naval record pursuant to the 
provisions of IO USC 1552. 

A three-memberpanel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 30 November 2016. The names and votes of the members ofthe 
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 ofyour application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

The Board found you previously served for over seven months in the Army between 
1 October 2002 and 19 May 2003. You enlisted in the Marine Corps and began a period of 
active duty on 16 August 2006. In August 2006, you signed Marine Corps Policy on 
Discrimination and Sexual Harassment, which included the following: 
"POLICY REGARDING RECRUITER-APPLICANT/POOLEE RELATIONSHIPS: Recruiters are prohibited from dating, attempting to 
date, or otherwise engaging in any romantic, sexual, or social relationships 
with any Marine Corps applicant or poolee or potential applicant ..." 

On 29 November 2009, you received counseling for a deficiency in your performance for using 
poor judgment while driving an MTVR Dump. Your actions while driving resulted in causing an 
accident with another dump truck. On 24 July 2014, your Commanding Officer administered 
nonjudicial punishment on you for Violation ofthe Uniform Code ofMilitary Justice (UCMJ), 
Article 92·(Failure to obey a lawful order). Your adverse Fitness Report for the period 1 April 
2014 to 24 July 2014, states that you "knowingly demonstrated extremely poor judgment 
resulting in an inappropriate relationship with an applicant. MRO's conduct is not 
commensurate with standards of acceptable behavior ofMarines." On 11 September 2014, you 
were discharged from the military with an honorable discharge and assigned an RE-3C reentry 
code. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that the female applicant was medically disqualified 
from joining the Marine Corps for at least one year prior to any relationship starting w11 her, 
your desire to have the N JP reniioved from your record, your rank reinstated, and your 
reenlistment code upgraded so you can again serve in the military. However, the Boar 
determined that these factors were not sufficient enough to warrant relief in your case because of 
the seriousness ofyour offense, given the position oftrust you were in as a recruiter. 
Accordingly, your application has been denied. 

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 submission ofnew evidence 
within one year from the date ofthe Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision in this case. 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