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

Docket No: 1429-18   
Ref: Signature date 

Dear  :


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   

Although you did not file your application 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 18 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 17 February 1987.  On 5 October 1988, you were convicted by a special court-martial (SPCM) for theft of a value of about $948. You were sentenced to reduction in rank, confinement, a fine in the amount of $948, and a bad conduct discharge (BCD). On 14 May 1989, the final appellate review approved and affirmed your sentence. On 19 May 1989, you were discharged with a BCD by reason of SPCM conviction.
         
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention, at the time of your discharge, you were extremely immature and unable to comprehend the effects of the given discharge. You state, since your release from service you have been an upstanding citizen, and you would like to participate in Illinois veteran’s services.  The Board commends your efforts in being an upstanding citizen. In regard to your contention, the Board considered your youth and immaturity as factor in your behavior, but concluded that the severity of your misconduct justified the characterization of service.  The Board, in its review, discerned no impropriety or inequity in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or 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, 



6/10/2019