DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                      
Docket No: 11313-19                                                        
Ref: Signature Date 

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 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 13 January 2020.  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, would not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 on 22 May 1995.  On 20 December 2012, you were convicted by summary court-martial for violating Uniform Code of Military Justice (UCMJ) Article 92 (failure to obey a lawful order), four specifications of Article 107 (false official statement), and Article 121 (larceny).  You were sentenced to forfeiture of pay and reduction in rank to E-7.  On 21 January 2016, you requested transfer to                                   effective 29 February 2016.  On 11 February 2016, the Commandant of the Marine Corps (CMC (MM)) directed your commanding officer (CO) to submit matters for characterization of service determination.  On 19 February 2016, your CO informed you he would recommend you receive a general (under honorable conditions) characterization of service and you declined to submit a statement.  On 8 March 2016, your commanding general concurred with your CO’s recommendation.  On 9 March 2016, the Deputy Commandant, Manpower and Reserve Affairs (DC M&RA) directed your transfer to       with a general (under honorable conditions) characterization of service.  On 30 June 2016, you were discharged with a general (under honorable conditions) characterization of service.  On 5 July 2017, the Naval Discharge Review Board (NDRB) informed you of their decision regarding your request to upgrade your discharge to honorable.  The NDRB determined no change of your characterization of service was warranted.  The NDRB noted an administrative error in your original DD Form 214.  Block 18, Remarks, should contain the statement:  “continuous honorable service from 19950522­20120308, and NDRB recommended to CMC that your DD Form 214 be corrected as appropriate. 

You request the Board upgrade your discharge to honorable, or in the alternative, issue you a DD Form 214 with an honorable characterization of service for 21 May 1995 through 20 December 2012.  You assert you served 21 years in the Marine Corps, the first 17 years with no adverse action, before you were court-martialed for misusing your government travel credit card and false official statement.  You accepted a plea to save your career, were reduced in rank, and went on to finish your career with no further problems.  You expressed your desire to have an honorable discharge in order to have the quality of life you believe you deserve.  In support of your petition, you attached documentation of your post-service accomplishments including transcripts for MA degree and your employment performance appraisal for 2016-17.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  Additionally, the Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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. 

Sincerely, 

1/27/2020