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

Docket No: 7785-17 
APR 30 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, of the United States Code, Section 1552. 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. Consequently, your application 
has been denied. 

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 three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 15 January 2019. 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 of your application, together 
with all material submitted in support thereof, relevant portions of your 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 of the issue(s) 
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 on 14 September 1946. On 24 January 1947, you were 
convicted by summary court-martial (SCM) of burglary. You were sentenced to forfeiture of 
pay and a bad-conduct discharge (BCD). After the BCD was approved at all levels of review, 
you were discharged on 8 May 1947. 

The Board carefully weighed all potentially mitigating factors, such as your post-service 
conduct, your desire to upgrade your discharge and contention that your discharge should be 
upgraded because you retired from the US Army as a Sargent Major (E-9). 

However, the Board found that these factors were not sufficient to warrant relief given your 
SCM conviction. In regard to your contention that your discharge should be upgraded because 
you retired from the US Army as a Sargent Major (E-9), the Board commends you for your post 
service conduct, however it does not excuse your conduct while enlisted in the Marine Corps or 
the basis for your discharge. The Board also noted that the conduct or performance of duty 
reflected by a single incident of misconduct may provide the basis of characterization of service. 
Unfortunately, your misconduct resulted in a BCD. 

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 the 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 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 of probable material error or injustice. 

Sincerely, 



Executive Director