DEPARTMENT OF THE NAVY 

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

Docket No: 343-16 
DEC 20 2016 

Dear : 

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

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 for Correction ofNaval Records, sitting in executive session, 
considered your application on 30 August 2016. 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your record, and applicable statutes, regulations, 
and policies. 

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

You enlisted in the Marine Corps, began a period of active on 27 March 1995, and served ten 
months without disciplinary incident. On 22 April 1996, you submitted a written request for an 
undesirable discharge in order to avoid trial by court-martial. Your record is incomplete, in that 
it does not contain all ofthe documents pertaining to the misconduct outlined in the Staff Judge 
Advocate' s review and recommendation ofyour request. Prior to submitting this request, you 
conferred with a qualified military lawyer at which time you were advised ofyour rights and 
warned ofthe probable adverse consequences ofaccepting such a discharge. Subsequently, your 
request was granted and the commanding officer was directed to issue you an undesirable 
discharge by reason ofthe good ofthe service. As a result ofthis action, you were spared the 
stigma of a court-martial conviction and the potential penalties of a punitive discharge and 
confinement at hard labor. On 3 May 1996, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your desire to upgrade your discharge, your post-service record and 
character letters, and assertions that your youth and inunaturity affected your judgment. 
Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case 
because ofyour misconduct which resulted in your request for discharge. The Board believed 
that considerable clemency was extended to you when your request for discharge to avoid trial 
by court-martial was approved. The Board concluded that you received the benefit ofyour 
bargain with the Marine Corps when your request for discharge was granted and you should not 
be permitted to change it now. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence within one year from the date of the Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your 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 record, the burden is on the applicant 
to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director