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

Docket No: 7088-15 
DEC 1 5 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. 

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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 July 20 16. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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. 

Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 18 February 1981. On On 4 February 1991, you pied guilty and were convicted by a special court-martial (SPCM) of larceny. You were adjudged forfeiture of pay, reduction in rank to E-1 and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 26 November 1985, you were so discharged. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to change your characterization of service. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case given your misconduct. The Board concluded the severity of your misconduct, which resulted in a BCD, outweighed your desire to change your characterization ofservice. 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 ofnew and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director