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

Docket No: 1880-1 6 

Dear

This is in reference to your application for coITection of your naval record pursuant to the provisions of title 10 of the 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 of Naval Records, sitting in executive session, considered your application on 30 November 2016. 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 ofyour 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 24 September 1985 after more than two years of prior 
service. You served for five years and 10 months without disciplinary incident, but on 
22 August 1991, you were convicted by summary court-martial (SCM) of writing checks with 
insufficient funds. You remained on active duty until 11 October 1991, when you were 
discharged under general conditions. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your pride in the Marine Corps and contention that you were told by your Gunnery Sergeant it was okay to drive on base with a suspended license because you were going to the hospital to see your newborn son. The Board concluded these factors were not sufficient to warrant relief in your case because of your misconduct that resulted in an SCM for writing bad checks totaling $600.00. In regard to your contention the Board noted that there is no evidence in your record and your submitted none, to support your contention and concluded that the severity of your misconduct outweighed your desire to upgrade your discharge. 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 within one year from the date of the 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material enor or injustice. 

Sincerely, 

Executive Director