DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11447-19 Ref: Signature Date This is in reference to your application of 2 December 2019 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 February 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 23 February 2000. On 17 May 2001, you were counseled for regarding integrity issues because you hit a vehicle in the parking lot and failed to report it. You were advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings. On 15 August 2001, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing movement. On 23 January 2002, you were arrested by civilian authorities and released on bail. On 25 January 2002, you were charged with two counts of felony armed robbery at an ATM and two counts of felony assault with a semi-automatic weapon. On 22 February 2002, you received a second NJP for UA. On 25 February 2002, you were again counseled that failure to take corrective action could result in administrative separation. On 28 June 2002, you received a third NJP for speeding and driving without a license. On 2 August 2002, an administrative action to separate you from the naval service was initiated for misconduct. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your Commanding Officer recommended that you be discharged with an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Marine Corps. On 23 August 2002, you were discharged with an OTH characterization of service. You request that the Board upgrade your discharge. You assert your DD Form 214 states that you were discharged due to misconduct, but it also states that you received a Good Conduct Medal (GCM) seven days before you were discharged. Additionally, you contend that your OTH discharge was not warranted. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your characterization of servic given your misconduct that resulted three NJPs after you had been warned about the potential for administrative separation. With respect to your contention that you received a GCM a week before your discharge, the Board noted the entry on your DD Form 214 does not show that you received a GCM, but only states the starting date for the next period for the award. The GCM is awarded to any active-duty enlisted member who completes three consecutive years of honorable service without any non-judicial punishment, disciplinary infractions, or court-martial offenses. If a service member commits an offense, the three-year mark resets and a service member must perform an additional three years of service without having to be disciplined, before the GCM may be awarded. 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, 3/23/2020