DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON. VA 22204-2490 
Docket No: 00788-16 
FEB O9 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 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 14 November 2016. 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 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 ofthe 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 19 July 1994. You served nearly two 
years without disciplinary incident. On 7 June 1996, at special court martial proceedings, you 
were found guilty of violating Uniform Code ofMilitary Justice Article 121 for stealing an 
Automatic Teller Machine (ATM) card from a fellow Marine and stealing funds totaling 
$1, 100.00 from the fellow Marine. The Court sentenced you to confinement for five months, 
forfeiture of$581 pay per month for 5 months, reduction to E-1, and a Bad Conduct Discharge 
(BCD). On 22 June 1997, you were discharge from the Marine Corps with a BCD and a 
reenlistment (RE) code ofRE-4. 

The Board considered your request for an upgrade to your BCD and a change to your 
reenlistment code from RE-4 to RE-1. The Board noted your personal statement which included 
background information about the circumstances surrounding your misconduct, your 
contributions as a volunteer at a local fire company, and your goal to become a national 
registered Emergency Medical Technician, be promoted to Engineer, and become a Fire Officer. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your youth at the time ofyour in-service misconduct and your postservice 
contributions to your community. The Board found that these factors were not sufficient 
to warrant recharacterization of your discharge given the seriousness ofyour misconduct of 
stealing from a fellow Marine. The Board noted your high proficiency and conduct marks 
( 4.4/4.4), and took your youth into consideration. The Board determined, however, that your inservice 
contributions to the Marine Corps, your youth, and your post-service conduct did not 
offset the severity ofthe crime for which you received a special court martial conviction. 
Accordingly, your application has been denied. 

It is regrettable that the circumstances ofyour 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 ofregularity 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