DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4868-18 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 that 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 24 July 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 reenlisted in the Marine Corps on 4 January 1989 after more than seven years of prior service. You served for four years and four months without disciplinary incident, but on 30 May 1993, you were arrested in for two counts of murder and one count of attempted murder and held at the . Although the Board lacked your entire service record book (SRB) it appears from the SRB entries before the Board that you were subsequently involuntarily processed for separation by reason of misconduct due to commission of a serious offense. In connection with this processing, you would have acknowledged the separation action and the separation authority would have approved a recommendation for separation. Your record also indicates that a staff judge advocate reviewed your separation package on 22 November 1993, and determined it was sufficient in law and fact to support your administrative separation from the naval service due to misconduct due to commission of a serious offense, and with an other than honorable (OTH) characterization of service. The record shows that on 17 December 1993, you were discharged with an OTH separation due to misconduct – commission of a serious offense. The Board carefully weighed all potentially mitigating factors in your case, including your contention that your third discharge was inequitable because it was based on one isolated incident in 12 years of service. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an arrest of civil charges of murder and attempted murder. In regards to your contention that your characterization of service was based on one isolated incident in 12 years, the Board noted that, although a Marine’s service is generally characterized at the time of discharge based on performance and conduct throughout the entire enlistment, the conduct or performance of duty reflected by a single incident of misconduct may provide the basis of characterization of service. Moreover, generally, characterization under OTH conditions is warranted for misconduct. Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.