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

Docket No: 8547-16 
NOV 07 2017 


This is in reference to your application for correction of your 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 three­
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 September 2017. The names and votes of the 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 of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 
Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issues 
involved. Therefore, 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 ofactive duty on 23 October 1995. On 
2 July l 99Ji, you were convicted by special court-martial (SPCM) of77 days of unauthorized absence.
You received a BCD on 10 September 1997. 

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. 
The Board carefully weighed all potentially mitigating factors, such as your overall record of 

service, desire to have your reenlistment code changed, and that it was not an error on the Navy's 
part, but a massive error on your part. Additionally, the Board considered desire to become a 
valuable asset to the military and a counselor to those who might be on the road to the make the 
same mistake. The Board found that these factors were not sufficient to warrant re­characterization of your discharge given the seriousness ofyour misconduct which resulted in your SPCM conviction for a lengthy period ofUA. Accordingly, your application has been denied. 

It is regretted 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 or other matter not previously considered by the Board. 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director