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

Docket No: 9128-17   
Ref: Signature date 


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. 

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, sitting in executive session, considered your application on 4 March 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty service in 1981.  You completed your first period of enlistment honorably and immediately reenlisted in the Marine Corps, were eventually commissioned a Chief Warrant Officer-2, and continued to serve honorably through 31 January 2000, whereupon you began your final period of service on 1 February 2000.  You continued to contribute to the Marine Corps, until the convening of a general court-martial beginning 28 September 2001, for which, in accordance with your pleas of guilty, you were found guilty of violating several articles of the Uniform Code of Military Justice (Article 90 (willfully disobeying a lawful command of superior commissioned officer to remain 500 feet away from the person and home of Chief Warrant Officer 3 S and J), Article 92 (wrongfully having a personal relationship with a SSgt), Article 107 (with intent to deceive, make a false official statement to a 911 dispatch operator), Article 128 (wrongfully striking CWO3 J     by choking her with your forearms and hands), and Article 134 (wrongfully having sexual intercourse with a SSgt and wrongfully endeavoring to impede an investigation and alter and influence the testimony of CWO3 J   , and impede an investigation and alter and influence the testimony of the SSgt)).  On 15 November 2001, the Court sentenced you to dismissal from the Marine Corps.  On 29 September 2005, the Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence in your case, as approved by the convening authority, and you were subsequently dismissed from the Marine Corps.   

You request an upgrade to your characterization of service and retirement from the Marine Corps.  You state that you served over 20 years and were retirement eligible; you contend that one isolated incident should not result in lifelong punishment. 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your honorable service from 1981 through January 2001, as reflected on your DD Form 214.  The Board also noted your retirement eligibility at the time of the General Court-Martial.  Even in consideration of your positive contributions to the Marine Corps, and taking into account the length of your honorable service, the Board found that the severity of the misconduct for which you were found guilty of at General Court-Martial could not be overcome by the contentions in your application.  The Board concluded that your dismissal from the Marine Corps, as adjudged by the Court and as approved by the Convening Authority, was neither erroneous nor unjust.  Furthermore, the Board determined that you did not provide sufficient information or evidence to overcome the seriousness of your misconduct to warrant or merit clemency.  The Board found that your dismissal from the Marine Corps without retirement benefits was supported by your conviction, and discerned in its review no probable material error or injustice in the dismissal. 

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, 


6/7/2019