DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7939-19 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 25 November 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 enlisted in the Marine Corps and began a period of active duty on 28 December 1999. On 20 March 2001, you received nonjudicial punishment (NJP) for two specifications of violating Article 92 of the Uniform Code of Military Justice for shaving your eyebrows and not completing two assigned essays by the due date. You received a second NJP on 28 December 2001, for refusing to train and showing insubordination toward a sergeant. On 28 June 2002, you were counseled for knowingly disregarding orders by placing a newly purchased handgun in a privately owned vehicle aboard base for a two-week period. On 29 July 2002, you were counseled concerning an alcohol related incident. On 4 November 2002, you received NJP for unauthorized absence and failure to obey the liberty policy. You were notified of administrative separation proceedings being initiated against you; you waived your right to appear before an administrative separation board and submitted a personal statement. In your statement you noted that you were trying to correct your behavior and deficiencies and attempting to move on with your life. You stated that you regret the trouble you caused the Marine Corps. Commanding Officer, recommended that you be separated with an other than honorable characterization of service. The staff judge advocate reviewed the administrative separation recommendation and found it sufficient in law and fact. You were discharged from the Marine Corps on 2 June 2003, on the basis of misconduct due to a pattern of misconduct and received an other than honorable discharge and a reentry (RE) code of RE-4. You request an upgrade to your service characterization and a change to your narrative reason for separation from Misconduct to Secretarial Authority. You state that your entire service was unjustly plagued by pervasive racial discrimination, which resulted in an alleged pattern of misconduct. You contend that you were the victim of unlawful hazing by your chain of command and that there were fabricated instances of misconduct that led to your discharge. You also make allegations of hazing. Your application includes a personal statement, letters of support, and letters of recommendations for an upgrade to your discharge characterization. You assert that overall you met the Marine Corps standards and were discharged for relatively minor infractions. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertions of hazing and discrimination. The Board reviewed the brief you submitted in support of your application, and made particular note of your personal statement. The Board found, however, that the evidence you provided did not conclusively establish that you were the victim of fabricated allegations against you due to hazing or discrimination. Additionally, the Board noted that you received two NJPs and were counseled on two separate occasions prior to your final NJP and the initiation of administrative separation proceedings against you. The Board also considered that you waived your right to appear before an administrative separation board, thereby foregoing the opportunity to contest the allegations of misconduct against you or to argue for either retention in the Marine Corps or a more favorable discharge characterization. The Board found that your three NJPs supported your receipt of an other than honorable characterization of service and the basis of Misconduct for your separation. Accordingly, the Board determined that your record does not reflect an error or injustice that merits corrective action. 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, 1/10/2020