DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 1056-13
23 October 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 October 2013. 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, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty on 31 May 1989. On 2 April 1999, you
were convicted at a general court-martial (GCM), in accordance
with your guilty pleas, of conduct unbecoming an officer and
gentleman (two specifications of obstruction of justice). You
were sentenced to be dismissed from the Marine Corps. On 27
March 2010, after appellate review, you were dismissed.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, years of
honorable service, character reference letters, and allegation
that you were suffering from post traumatic stress disorder
(PTSD) when you committed the offenses. Since the Board has no
authority to remove a court-martial conviction, your sentence
was reviewed for clemency only. However, the Board concluded
that your dismissal should not be changed due to your GCM
conviction of very serious misconduct. Regarding your
allegation of suffering from PTSD, there is no evidence in your
record to support it, and you provided no such evidence. You
are advised that even if there were a current diagnosis of PTSD,
it would not excuse misconduct from 14 years ago. Finally, you
are advised that no discharge is upgraded due solely to the
passage of time or post service good conduct. In view of the
above, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
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 and
material evidence or other matter not previously 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,
Copy C0:
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