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

Docket No: 7685-18 Date: 
Ref Signature

Dear	:

This letter 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 that 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 4 September 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 service on 31 March 1964.  On 21 October 1965, you were convicted at a general court-martial (GCM) for stealing from another Maine against his will, US currency in the amount of $68, “by means of force & violence and putting him in fear.” You were sentenced to confinement, forfeitures of pay, reduction to pay grade E-1, and to be discharged from the naval service with a bad conduct discharge (BCD). On 23 March 1966, your BCD was approved and affirmed.  On 13 April 1966, the office of the Judge Advocate General of the Navy reviewed your proceedings, conviction, and sentence, and determined they were legally sufficient.  On 7 October 1966, you were discharged with a BCD.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contentions that “no robbery, no force, and no violence occurred.” The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. You were found guilty by a GCM and sentenced to a BCD.  Accordingly, under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in your discharge. The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your 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 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,