Docket No: 0254-20 
Ref: Signature date 
 
  
Dear  
 
This is in reference to your application of 4 December 2019 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 12 May 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 31 August 1993.  On 31 August 1994, you received non-judicial punishment (NJP) for bad checks.  On 30 August 1995, you were counseled for financial irresponsibility.  On 17 October 1995, you were counseled for unacceptable uniform appearance and disrespect to NCOs.  On 30 October 1995, you were counseled for disobedience of direct orders for SNCOIC.  On 23 July 1996, you were counseled for a weight management control program failure.  On 2 October 1996, you were convicted at a General Court-Martial of larceny of uniforms and bad checks.  A Bad Conduct Discharge (BCD) and 24 months confinement at hard labor were adjudged.  You received a BCD on 26 May 1997, after appellate review of your case was completed. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions your former wife committed the crimes, but you were held responsible.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and conviction at a General Court-Martial. 
 
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, 
 
6/26/2020