DEPARTMENT OF THE NAVY 

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

Docket No: 904-16 

DEC 28 2016 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 1O 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 26 August 2016. The names and votes ofthe 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 of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 15 June 2009. On 
28 September 2012, as a res.ult of a Naval Criminal Investigative Service (NCIS) investigation, 
administrative discharge action was initiated by reason ofmisconduct due to commission of a 
serious offense for making a false official statement, two specifications of sexual contact with a 
child and indecent language with a child, and obstruction ofjustice. After being afforded all of 
your procedural rights, your commanding officer forwarded your case to the separation authority 
recommending that you receive an other than honorable (OTH) discharge by reason of 
misconduct. The proceedings were reviewed by the Staff Judge Advocate and found to be 
sufficient in law and fact. On 6 November 2012, the separation authority determined that you 
committed misconduct due to the commission ofa serious offense and directed that you received 
an OTH discharge. On 14 November 2012, you were so discharged. 

The Board, in its review ofyour application, carefully weighed all potentially mitigating factors, 
such as your record of service, desire to upgrade your discharge, and contention that the civil 
accusations and charges that resulted in your discharge were dismissed. Nevertheless, the Board 
concluded these factors and contention were not sufficient to warrant recharacterization ofyour 
discharge, given the seriousness ofyour misconduct which resulted in your NJP and subsequent 
administrative discharge for serious offenses. With regard to your contention, the Board 
determined that, even ifthe charges were dismissed by civil authorities, the dismissal does not 
negate the offenses for which you were processed for discharge. Finally, the Board noted that 
the record shows that you were notified ofand waived your procedural rights. In doing so, you 
gave up your best opportunity to advocate for retention or a more favorable characterization of 
service. 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 and material 
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 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 naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director