Docket No. 8642-18 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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 and applicable statutes, regulations and policies.  

A review of your record shows that you entered active duty with the Marine Corps in August 2007. Non-judicial punishment was imposed on you for four specifications of orders violations on 30 January 2009.  Non-judicial punishment was again imposed on you for false official statement and unauthorized absence on 16 June 2010. On 2 November 2010, you were counselled for disrespect toward a non-commissioned officer.  Finally, you were arrested for domestic abuse of your wife on 19 April 2011 after you assaulted her by punching her, choking her, and attempting to smother her with a pillow.  As a result, you were notified of administrative separation processing on 13 May 2011 for commission of a serious offense and pattern of misconduct.  After waiving your right to an administrative separation board, you were discharged from the Marine Corps with an Other than Honorable characterization of service due to your misconduct. 

The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability.  You assert that you were on medication and imply that it influenced your misconduct.  Unfortunately, the Board disagreed with your rationale for relief. The Board concluded you were mentally responsible for all acts of misconduct that formed the basis for your administrative separation and Other than Honorable characterization of service. 

Despite your assertion that medication contributed to your domestic violence, you provided no evidence to support this argument.  Regardless of your argument, the Board found that your long prior history of misconduct, spanning from January 2009 through November 2010, that shows you had a general disregard for authority and rules. In the Board’s opinion, these actions prior to your domestic incident, by themselves, support the Marine Corps’ determination that you displayed a pattern of misconduct and committed serious offenses.  Therefore, the Board felt that your misconduct supported the decision by the Marine Corps to separate you for misconduct and award you an Other than Honorable characterization of service.  Based on this finding, the Board also concluded that you were not eligible for disability processing based on your misconduct processing.  Disability regulations dictate that misconduct processing supersedes any disability processing.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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,