DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6551-19 Ref: Signature Date Dear : 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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 24 August 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that 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 10 March 1999. In August 2001, you made a voluntary admission to NCIS that you took acid and attended a rave party. Thereafter, you were notified of administrative separation proceedings against you, and you elected to appear before an administrative separation board. The administrative separation board recommended that you be discharged from the Marine Corps with a general characterization of service, with the discharge suspended for a period of 12 months. Commanding Officer (CO), concurred with the findings of the administrative separation board, and agreed with the recommendation of a general discharge. The CO recommended that the discharge not be suspended. You were separated from active duty on 29 March 2002, on the basis of Misconduct, and received a general characterization of service and a reentry (RE) code of RE-4. In your application for consideration, you ask that your general discharge be upgraded to an honorable characterization of service. You stated that you have done well in civilian life but you have never obtained any post-secondary education. You would like to have your discharge upgraded in order to use the GI Bill. You also stated that there was an incident in which you were sexually assaulted by another male member of your unit while you were stationed at MCAS . You noted that the incident occurred during the period of “Don’t Ask, Don’t Tell” and when you talked to others in the unit, you were ridiculed. You indicated that you chose to never go further with the incident and attempted to pretend it did not happen; however, your time in the Marine Corps was never the same and you ended up making poor choices that led to your administrative discharge. The Board noted that your application for correction raises a potential issue of a sexual assault during your military service. In a communication dated 3 October 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were the victim of a military sexual trauma and although you may have made some poor choices, your actions were partially the result of being assaulted. The Board also took into account your post-discharge achievements in civilian life and your desire to further your education with the GI Bill. The Board considered that you were asked to provide additional information regarding your claim of sexual assault, and noted that you elected not to submit medical or clinical treatment records, or further information which could assist the Board in corroborating your assertion. Absent additional information regarding possible post-discharge treatment or more information pertaining to the assault, the Board found that there was not enough evidence to conclude that your misconduct was mitigated by military sexual trauma. Furthermore, the Board noted that the allegations of misconduct against you were reviewed by an administrative separation board, and the board determined you committed misconduct which supported your discharge. The administrative separation board as well as your CO recommended you receive a general discharge, which is not an adverse characterization of service. The Board considered the nature of your misconduct, which included attending a rave and ingesting a controlled substance. The Board found that your wrongful use of a controlled substance supported your discharge from active duty, and that the general characterization of service accurately reflects the nature of your service from 1999 to 2002. 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 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, 10/29/2020 Executive Director