DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490                
                                                                                                                       
Docket No: 4575-21 
Ref: Signature Date         
 
Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 August 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active service 12 July 2004.  You received non-judicial punishment (NJP) on 20 September 2005 and 29 November 2005 for the following charges: three specifications of failure to obey a lawful order, and two specifications of false official statement.  On 8 May 2007, you were convicted at a special court martial (SPCM) for two specifications of wrongful use of marijuana.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 18 September 2007, the final appellate review affirmed and directed the execution of your bad conduct discharge (BCD).  On 25 February 2008, you were discharged with a BCD, as a result of a court martial conviction.    
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to adjust your record to allow eligibility for Veteran’s benefits.  You contend your current discharge does not match your record of service and your lapse in judgment did not affect your work production, ethic, or ability to focus.  The Board concluded there was insufficient evidence before the board to warrant relief.  Specifically, your repeated misconduct which resulted in two NJPs, and SCM.  The Board also considered that you would like veteran’s benefits, but notes that the agency that determines your eligibility for veteran’s benefits is the Department of Veteran’s Affairs (DVA).  The Board did not find evidence of an error or injustice in your record.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
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, 
8/28/2021
Executive Director