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

Dear	:

Docket No: 8513-18 
Ref: Signature Date


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 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 30 October 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.

You enlisted in the Marine Corps and began a period of active duty on 4 November 1987. You served for five months without disciplinary incident, but during the period from 18 April 1988 to 12 October 1989, you received nonjudicial punishment (NJP) on two occasions. Your offenses were using disrespectful language toward a noncommissioned officer, using disrespectful gestures toward a noncommissioned officer, and failure to obey a lawful order. On 1 November 1991, you were convicted by special court-martial (SPCM) of two false official statements, seven specifications of larceny, six specifications of uttering bad checks, and false swearing. You were sentenced to confinement, forfeiture of pay, reduction in paygrade, and a bad-conduct discharge. Upon appellate review of your case, however, the Navy-Marine Corps Court of Criminal Appeals, on 9 February 1995, affirmed the findings but only so much of your sentence as provided for confinement, forfeiture, and reduction. On 26 June 1995, while on appellate leave and after your end of active service, you were discharged with general (under honorable conditions) characterization of service.

The Board carefully weighed all potentially mitigating factors, such as your youth and immaturity at the time of your misconduct and your desire to upgrade your discharge.  The Board, however, concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in two NJPs and a SPCM conviction. The Board, in its review, concluded that there is no material error or injustice in your discharge warranting corrective action.

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 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.

Sincerely,