DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 9333-17 
Ref: Signature date 

Dear 
This 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 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 22 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, relevant 
portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 21 June 1988. You 
subsequently completed this enlistment with an honorable character of service on 
7 October 1991 and reenlisted on 8 October 1991. During the period from 21 January 1993 to 
5 April 1994, you were convicted by civilian authorities of domestic assault on two occasions as 
well as assault and battery on a third occasion. On 4 August 1994, you were convicted by 
summary court-martial (SCM) of false official statement and larceny. Subsequently, you were 
notified of pending administrative separation action by reason of misconduct due to commission 
of a serious offense, at which time you waived your procedural rights, to consult with counsel 
and to present your case to an administrative discharge board. Your commanding officer (CO) 
recommended discharge under other than honorable (OTH) conditions. The Staff Judge 
Advocate determined that the proceedings were sufficient in law and fact and concurred with the 
CO’s recommendation. The discharge authority approved this recommendation and directed an 
OTH character of service discharge. On 12 October 1994, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board also considered your contention that you have a good conduct medal 
and never had been in trouble before. With regard to your lack of prior trouble, a single incident 
of misconduct, sufficiently severe, can be sufficient to characterize the service for an entire 
period. The Board concluded that these factors were not sufficient to warrant relief given the 
seriousness of your repeated misconduct that resulted in three civilian convictions and an SCM. 

In regard to your contentions that you have a good conduct medal, the Board believes that you 
are eligible for veterans’ benefits which accrued during your prior period of service. However, 
your eligibility is a matter under the cognizance of the Department of Veteran Affairs (VA). In 
this regard, you should contact the nearest VA office concerning your rights, specifically, 
whether or not you are eligible for benefits based on your prior period of service. After a 
thorough review of the facts and circumstances unique to your case, the Board discerned no 
impropriety or inequity in the discharge action that would warrant a change in your 
characterization of service. 

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, 

5/21/2019