DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Dear	:

Docket No: 349-18 
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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 25 February 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 20 August 1990. On 
15 October 1991, you were counseled regarding failing to pay overdue debts to Plaza Video 
Rental and an AAFES rental car concession.  You were warned that if deficiencies are not
corrected, you could be administratively separated from the Marine Corps. On 16 March 1992, 
you were convicted by special court-martial (SPCM) of being disrespectful in language, 
disobeying a lawful order, failing to obey a lawful order, and larceny from another Marine. On 
23 October 1992, you were convicted by a second SPCM of, with the intent to defraud, 
wrongfully and unlawfully make and utter two share drafts, and being disrespectful in language. 
You were sentenced to confinement and a bad conduct discharge (BCD). You received your 
BCD on 2 December 1994.

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, including your record of service, and desire to have your discharge upgraded. 
The Board also considered your assertions that you had a woman call the Red Cross claiming
you had not paid child support, when you did not have a child, that you were told, if you did not 
pay, you would be put in the Brig, that after you did what you were told, you were still court- 
martialed, and that you were put out on false information. The Board found no evidence in the 
record nor did you submit additional evidence to support your assertions. The Board found that 
these factors and assertions were not sufficient to warrant recharacterization of your discharge 
given the severity of your misconduct, which resulted in conviction at two SPCM's, two periods 
of confinement, and a bad conduct discharge.

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,

4/29/2019
 
Executive Director