DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 3912-17 
OCT 09 2017 

Dear

This is in reference to your application for co1Tection ofyour record pursuant to the provisions of Title l 0, 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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 15 June 2017. The names and votes ofthe 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 record, and applicable statutes, regulations, and policies.
 
You reenlisted in the Marine Corps on 6 September 1996. On 27 May 1998, you received nonjudicial punishment (NJP) for four single-day unauthorized absences (UA) and dereliction of duty. On 7 May 1999, you were convicted by General Court-Martial (GCM) for conspiracy to commit Basic Allowance for Housing (BAH) fraud, making two false official statements, BAH fraud, sodomy, and wrongfully communicating a threat. You were sentenced to confinement, reduction in paygrade, forfeiture of pay, and a bad conduct discharge (BCD). The BCD was subsequently approved at all levels ofreview, and on 5 September 2001, you were discharged. 

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, in its review ofyour application, carefully weighed all potentially mitigating factors and your desire to upgrade your BCD because it prevents you from obtaining good jobs and using veteran resources. The Board also considered your contention that you were never confined but immediately released on appellate leave until the GCM findings and sentence were affirmed. The Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the overall severity ofyour misconduct. The Board also noted that your court­martial conviction precluded the issuance ofa fully honorable discharge under regulations in effect at the time. Although the Board cannot set aside a conviction, it may grant clemency in 
the form of changing a characterization ofdischarge, even one awarded by a court-martial. 

Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely 

Executive Director