DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6681-18 Ref: Signature Date Dear 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 that 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, sitting in executive session, considered your application on 13 August 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 Marine Corps on 7 February 1989. On 7 May 1990, you were convicted by summary court-martial (SCM) of unlawfully stealing a bankcard belonging to another Marine and withdrawing money ($150) from the Marine’s account. On 29 May 1990, you were permanently decertified from the requiring your transfer due to the fact your command was “100% In September and October 1990, you were formally counseled regarding your continued lack of financial responsibility. Your September counseling also recommended that you and your spouse attend Family Services, for budgeting class and to set up an allotment. On 11 October 1990, you were also counseled on your failure to maintain minimum control standards for your height and weight. During the period from 30 January 1991 to 21 March 1991, you received two non-judicial punishments (NJP) for failure to pay a just debt ($247.49) and unauthorized absence (UA) totaling five days. On 30 April 1991, you were formally counseled on your frequent involvement with military authorities and your continued financial irresponsibility. Approximately six months later, on 21 October 1991, in accordance with your voluntary pre-trial agreement and pleas of guilty, you were convicted by special court-martial (SPCM) of UA totaling eight days and wrongfully writing two checks (for a total of $400) with intent to defraud. Your sentence included confinement for two months, forfeitures of pay, and to be discharged from the naval service with a bad conduct discharge (BCD). After the BCD was approved at all levels of review, you were discharged on 12 August 1993. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you never received counseling, direction, or support from your command, and that your command neglected you and forced you to accept the separation that ended your military career. However, the Board found that these factors were insufficient to warrant relief, given the seriousness of your misconduct as evidenced by your two NJPs, and SCM and SPCM convictions. Regarding your contention that you never received counseling, direction, or support from your command, the Board noted that the record contains documented evidence which is contrary to your contention. Your service record shows that you received, and signed, formal written counselings for several deficiencies, to include not being recommended for promotion, financial irresponsibility, and frequent involvement with military authorities – each of which contained recommendations for corrective action and advised you that support was available to you. Regarding your contention that your command neglected you and forced you to accept an undesirable discharge, the Board noted that there is no evidence in your record, and you submitted none, to support this contention. The Board also noted that you received your BCD from a military judge at a SPCM after you voluntarily signed a pre-trial agreement and pleaded guilty. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.