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

Docket No: 344-18                                                            
Ref: Signature date 


This letter 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 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, sitting in executive session, considered your application on 6 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 9 February 1994.  On 17 and 18 December 1996, you were counseled for lack of financial responsibility due to dishonored checks, failure to pay late fees, and missing court dates.  You were advised that failure to take corrective action would result in administrative separation or judicial proceedings.  On 23 April 1997, you were convicted at a special court-martial (SPCM) of violating article 112a (wrongful making and uttering of checks) of the UCMJ.  You were sentenced to confinement, reduction in rank, and a Bad Conduct Discharge (BCD).  On 21 May 1999, you were discharged from the Marine Corps with a BCD.
 
In your application, you requested an upgrade to your characterization of service.  You asserted that the upgrade should be granted due to the time you served, and that for the past 20 years you have been an outstanding citizen.  Additionally, you believe that your offenses were of a misdemeanor nature, and you have not had any felony charges from military or civilian courts. The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.   

The Board was sympathetic to your desire to change your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency. In your case, the Board determined no clemency is warranted.  The Board in its review discerned no injustice or error 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, 

6/4/2019