DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 1394-17 
JUN O 5 2018 
 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 24 April 2018. 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 of this 
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. 

You enlisted in the Marine Corps on 10 March 1987. On 8 February 1989, you were convicted 
by general court-martial (GCM) of assaulting another Marine by shooting him in the neck with a 
dangerous weapon. You were sentenced to reduction to E-1 and a bad conduct discharge (BCD). 
On 8 June 1989, you received non-judicial punishment (NJP) for failure to report off leave at the 
prescribed time. On 7 September 1989, you received NJP for the following offenses: failure to 
go to appointed place of duty, assault, and urinating on the deck in front of your room. After the 
BCD was approved at all levels of review, on 14 December 1990, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as character letters, your 
desire to upgrade your discharge and contentions that you accidently shot your friend and were 
cleared after the investigation, you served honorably before the accident, your Commanding 
Officer (CO) changed your original charge from an accident to an assault, and you have been a 
model citizen since discharged. The Board noted that there is no evidence in your record, and 
you submitted none, to support your contention that your CO changed your original charge from 
an accident to an assault. 

In regard to your contention that you accidently shot your friend and were cleared after the 
investigation, the Board noted that the record contains documented evidence which is contrary to 
your contention. The record clearly shows that you were convicted by a GCM which found you 
guilty and discharged you with a BCD. Regarding your contention that you served honorably 
prior to the accident, the Board noted that a Marine's service is characterized at the time of 
discharge based on performance during the current enlistment. 

In regard to the contention that you have been a model citizen since discharge, the Board noted 
while commendable, your post service conduct does not excuse your conduct while enlisted in 
the Marine Corps or the basis for your discharge. The Board concluded that these factors were 
sufficient enough not to warrant relief in your case given the seriousness ofyour misconduct, 
which resulted in two NJPs and a GCM conviction. 

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 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, 


Executive Director