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

Docket No: 2466-19 
Ref: Signature Date    

Dear

This is in reference to your application of 21 January 2019 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 10 March 2020.  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, and applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 9 August 1993.  On 13 May 1996, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling four days.  On 7 November 1996, you were convicted by general court-martial (GCM) of unlawful entry, conspiracy to commit larceny and burglary by stealing stereo equipment and other miscellaneous items from numerous vehicles, unlawfully entering a workshop and five specifications of larceny. You were sentenced to confinement for 18 months, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 16 March 1998, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you were a role model Marine, had a period of honorable service, and was harshly judged for one incident.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.
 
In regard to your contention that you were a role model Marine and had a period of honorable service, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  

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,