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

Docket No: 8996-18
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 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 15 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, 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 6 June 1994. You served without disciplinary incident until 21 December 1995 when you were convicted by special court-martial for larceny of a credit card, amplifier, speakers, and an alarm system. You were sentenced to reduction in rank and a bad conduct discharge (BCD). The BCD was subsequently approved at all levels of review, and, on 8 July 1997, you were discharged.

Although the Board cannot set aside a court-martial conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial. The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your contention that one mistake 25 years ago should not negatively impact your entire life. The Board also considered your statement concerning your post-service achievements, but did not find that these warranted clemency. The Board also did not find evidence of an error or injustice that warrants changing your discharge characterization.

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.

Sincerely,