DEPARTMENT OF THE NAVY 

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

Docket No: 2876-16 
APR 17 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 January 2017. The names and votes ofthe members ofthe 
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 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 ofprobable material error or injustice. 

You began a period of active duty in the Marine Corps on 18January1994. You served 
approximately six months without disciplinary incident. On 29 July 1994, at special court 
martial proceedings, you were convicted violating the Uniform Code ofMilitary Justice (UCMJ), 
Art. 86 (Unauthorized Absence), Art. 92 (Dereliction in Performance ofDuties and Disobeying a 
lawful order), and Art. 107 (False Official Statement). 'The Court sentenced you to confinement 
for 60 days, forfeiture of$55 payper month for 3 months, and a bad conduct discharge. On 21 
September 1995, you were discharged with a bad conduct discharge (BCD). 

The Board considered your assertion that you did not receive proper counsel to defend yourself 
against the special court martial charges, and that you were not fully advised by counsel of the 
ramifications ofa bad conduct discharge. When making its determination, the Board noted your 
youth at the time ofthe proceedings, as well as your proficiency and conduct marks ( 4.2/2.1 ). 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your age at the time of the proceedings, your contention that you 
received inadequate representation, and your relative inexperience in the military at the time of 
your court martial. However, the Board found that these factors were not sufficient to warrant 
recharacterization ofyour discharge given the overall seriousness ofyour misconduct. The 
Board considered that you entered into a pretrial agreement and had representation, but 
ultimately determined that you were afforded qualified defense counsel during the trial 
proceedings. The Board concluded that your BCD was not issued erroneously or unjustly. 
Finally, there is no provision offederal law or in Navy/Marine Corps regulations that allows for 
a discharge upgrade, recharacterization ofservice, or a change in a reentry due solely to the 
passage oftime. Accordingly, your application has been denied. 

It is regrettable that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon submission ofnew 
and material evidence. New evidence is evidence 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director