DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2039-17 

Dear 

This is in reference to your application for correction of your 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 23 June 2017. 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, your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issue(s) involved. Therefore, the Board detennined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You began a period ofactive duty in the Marine Corps on 21 June 20l0. You served over two years without disciplinary incident. On 16 January 2013, you received nonjudicial punishment (NJP) for two specifications offor failing to obey an order. On 15 February 2013, you received a second NJP for three specifications for failing to obey an order to be at your appointed place of duty on three separate occasions. On 7 March 2014, you received a third NJP for three specifications ofviolating the Uniform Code ofMilitary Justice, Article 120 (sexual assault and other sexual misconduct). On 6 January 2014, you were notified of administrative separation proceedings against you and waived your right to appear before an administrative separation board. The administrative separation recommendation received a second endorsement on 13 March 2014; a staffjudge advocate reviewed the administrative separation recommendation the same day and found it sufficient in law and fact. You were discharged from the Marine Corps on 19 March 2014, with an other than honorable characterization of service on the basis of a pattern of misconduct. 

The Board considered your request for the removal of the three NJPs from your record. When making its determination, the Board noted that you provide a personal statement in which you assert the NJPs were in error and unjust. You state you never left the base and therefore were not absent without authorization. Furthermore, you claim you could not go to formation because you felt disrespected, and you claim you felt threatened by your chain ofcommand and were wrongfully accused ofsexual assault. You also provide information stating that since your discharge from the Marine Corps, you have been diagnoses with cerebral vascular disorder. 

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 as your claim that your actions did not amount to violations ofthe Uniform Code of Military Justice. The Board noted that your argument that you did not leave the base and therefore could not be guilty of wrongfully failing to be at your appointed place ofduty. The Board noted that regardless ofyour presence on the base, you could be guilty of failure to follow an order to be at your place of duty ifyou did not report to your specific duty location on the base. Absent information establishing that you were at your place ofduty, the Board found that the first two NJPs should remain in your record. With regard to the third NJP, the Board considered your statement but found that you did not provide infonnation or evidence to support your claim that the allegation of sexual assault was untrue. The Board determined that your claims alone were not sufficient to warrant the removal of the third NJP. Accordingly, your application has been denied. 
lt is regretted that the circumstances ofyour 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