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

Docket No: 9033-17 
Ref: Signature date 

Dear 

This letter is in reference to your application for correction of your naval record pursuant to Title 
10, United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board for Correction of Naval Records (Board) found the evidence submitted was 
insufficient to establish the existence of probable material error or injustice. Consequently, your 
application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 
28 February 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, as well as applicable statutes, regulations, 
and policies. 

You enlisted in the Marine Corps and served honorably from 16 July 1996 through 31 July 2016, 
when you retired from military service. In your application for correction, you state that on 
social media post that you indicate was taken out of context. A preliminary inquiry was made 
into the allegations and the charges were found to be not substantiated. No administrative or 
legal actions were taken against you. Your average marks in service were 4.5/4.5. 
20 March 2016, you were temporarily detained by Security Forces for a 

You request the removal of the “open court martial” from your record. You state that every 
background investigation that is conducted shows the charges from the incident at       Air 
Force Base and indicates that a court martial is pending. You provide a letter of support from 
       , Department of Financial Services, who states that he was your direct 
supervisor for over 18 months and can attest to your character.  States that you 
called him on 20 March 2016, and explained the situation pertaining to your temporary 
detainment.             notes that you were released to him, and that the preliminary inquiry 
found the charges against you were to be “Not Substantiated” and that no administrative or legal 
actions were required. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors. The Board also reviewed your request and your available military service 
record. The Board noted that your record does not reflect the allegations from          Air Force 
Base, the resultant preliminary inquiry that you reference in your application, or a pending court 
martial. Absent such information in your record, the Board determined it does not have specific 
records on which it can take action. The Board found that your record does not reflect a 
wrongful pending court martial and does not appear to have an error or injustice. Accordingly, 
the Board determined that corrective action is not warranted at this time. 

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 of new matters. New 
matters are those not previously presented to or 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, 

6/12/2019
Executive Director