DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 6069-13
26 June 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 24 June 2014. 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, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. ,
You reenlisted in the Marine Corps on 30 May 2008 after more than
six years of prior satisfactory service. You continued to serve
without disciplinary incident until 13 January 2011, when you
were convicted by special court-martial (SPCM} of two
specifications of conspiracy to commit fraud, making a false
official statement, two specifications of forgery, and fraud by
filing a false travel claim in the amount of $225.92.
Subsequently, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
making a false official statement, indecent exposure, assault,
and three specifications of conduct prejudicial to good order and
discipline. Prior to submitting this request you conferred with
a qualified military lawyer at which time you were advised of
your rights and warned of the probable adverse consequences of
accepting such a discharge. On 5 April 2011, your request was
granted and the commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service. As a result of this action, you were spared the stigma
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor. On 11 April
2011, you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service, post service conduct, and desire
to upgrade your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repeated
misconduct which resulted in an SPCM and your request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved. Further, the Board concluded that
you received the benefit of your bargain with the Marine Corps
when your request for discharge was granted and you should not be
permitted to change it now. Accordingly, your application has
been denied.
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,
ye GD TR a
ROBERT D i
Acting Executive Director
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