DEPARTMENT OF THE NAVY 

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

YTC 
Docket No: 3085-17 


Dear : 
This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle IO ofthe United States Code, section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence ofprobable material 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 oflimitations and consider your application on its merits. A threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 9 August 2018. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
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 and began a period of active duty in the Marine Corps on 20 
October 2008. On 22 October 2010, you were found guilty at special court martial proceedings 
for three specifications ofviolating the Uniform Code of Military Justice, Article 86 (159 days, 
182 days, and 176 days). The Court sentenced you in part to a bad conduct discharge (BCD). 
You were discharged from the Marine Corps on 3 October 2011, on the basis ofa court martial 
conviction, and received a BCD and a reentry (RE) code ofRE-4. Naval Discharge Review 
Board (NDRB) reviewed your request for an upgrade and on 1 July 2015, found your discharge 
proper as issued. 

You requested to have your discharge upgraded to an other than honorable discharge and change 
your reentry (RE) code. You would like to enlist in the National Guard. You state that you are 
ashamed of your actions and would like the opportunity to serve in the military. 

The Board carefully reviewed your application and considered the mitigating factors surrounding 
your request. The Board noted that you contend the court martial, brig time and the BCD are 
harsh enough punishment. You also ask that your post-service conduct be taken into 
consideration. The Board reviewed the information in your service record, and determined that 
the length and frequency of your periods of absence support the BCD. The Board found that 
even in consideration ofthe punishment imposed by the Court and the mitigating factors you cite 
in your application, that the BCD was issued without error or injustice and clemency is not 
warranted. 

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 ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director