DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9808-19 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 16 December 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 service on 6 July 1998. On 30 June 1999, you received nonjudicial punishment (NJP) for underage drinking. On 1 January 2000, you received a page 11 counseling for a second incident of underage drinking. You received at least three more NJPs on 4 October 2000, 11 October 2000, and 16 November 2001, for various infractions including UA, insubordinate conduct toward a non­commissioned officer, and larceny. You were notified of administrative separation proceedings against you, and on 31 July 2003, you appeared before an administrative separation board. By unanimous vote, the administrative separation board found that you committed misconduct and recommended that you be separated with an other than honorable characterization (OTH) of service. On 11 August 2003, you were discharged from the Marine Corps for misconduct due to a pattern of misconduct and received an OTH discharge and a reentry (RE) code of RE-4. In your petition to the Board, you ask for an upgrade to your characterization of service from other than honorable to honorable. You contend that the punishment for your infractions was unfair and excessive and that you were targeted by your command and used as an example to others. Furthermore, you assert that you should have been subjected to appropriate corrective action and indicate that your command was biased against you. You assert that your military lawyer did not have your interests in mind. You provide detailed information regarding the circumstances surrounding each instance of misconduct including that you were forthright when confronted about your conduct, that you were subjected to peer pressure and a culture of excessive alcohol consumption, and that your periods of UA were influenced by family concerns and by the command climate. You state that you are proud of your military service and would do it again. You assert that since completing your military service, you have educated yourself and have a career as a personal trainer, in which you have devoted countless hours to improving the health and quality of life of others. You provide a letter of recommendation from a former Mustang Marine Corps captain who states that serving alongside you was a pleasure and that the military got it wrong with regard to you. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contentions of bias and inappropriate corrective action on the part of your command. The Board reviewed your available records and took into consideration the letter of recommendation you provided in support of your request. The Board also considered that you raise concerns that your military lawyer did not have your best interests in mind during your administrative separation board. Even taking into consideration the issues you presented in your application for correction, the Board found that your four NJPs, coupled with the findings of the administrative separation board, support your other than honorable discharge and RE-4. The Board noted that your command did not initiate administrative separation proceedings against you until you had more than five documented instances of misconduct through either counseling entries or NJPs. The Board found that you were given the opportunity to correct your conduct but continued to engage in behavior that resulted in disciplinary action. The Board considered your allegations of bias from your command, but determined that you did not provide sufficient evidence to support the claims you articulated. The Board also noted your personal circumstances as described in your letter but concluded that even in consideration of the personal challenges and pressures you faced, your other than honorable characterization was assigned without probable material error or injustice. 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, 1/29/2020