Docket No: 8650-17
APR 30 2019							
            
              
Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, the 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 29 January 2019.  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 24 October 1994.  On 19 June 1997, you were convicted by summary court martial (SCM) of two specifications of attempting to steal currency, making a false official statement, two specifications of larceny from the Navy Federal Credit Union, and receiving stolen property.  On 17 March 1998, you received non-judicial punishment (NJP) for larceny and wrongful appropriation.  After you waived your procedural rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to minor infractions.  The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct.  On 31 July 1998, you were discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your discharge was in error and unjust because it does not reflect the true nature of your service to the Marine Corps, you were in the wrong place at the wrong time and deemed guilty by association, you feel you were a model “soldier” prior to and after the incident which is evident by Good Conduct Medal, National Service Medal, and “other decorations / badges.”  In regard to the contention that your discharge was in error and unjust because it does not reflect the true nature of your service to the Marine Corps, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  The Board also noted that the record shows that you were notified of and waived your procedural right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  However, the Board concluded that these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct resulting in NJP and a SCM.

Further, you were never awarded the good conduct medal, the notation on your Certificate of Discharge or Release from Active Duty (DD Form 214), does not show that you received a good conduct medal, but only sets forth the starting date for the next period of the award.  Additionally, the Good Conduct Medal is awarded to any active-duty enlisted member who completes three consecutive years of honorable service without any non-judicial punishment, disciplinary infractions, or court martial offenses.  If a service member commits an offense, the three-year mark resets and a service member must perform an additional three years of service without having to be disciplined, before the Good Conduct may be awarded.  You were convicted by SCM on 19 June 1997 which was prior to three years of honorable service and you then received NJP on 17 March 1998, thus never obtaining three consecutive years of honorable service.    

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