Docket No: 3102-19 
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 8 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 Marine Corps and began a period of active duty on 23 February 2004.  You served without disciplinary incident until you received nonjudicial punishment on 24 February 2005 for failing to obey a lawful order.  On 7 June 2006, you were convicted by summary court-martial for attempting to steal approximately $400.00, making a false official statement, and two specifications of larceny.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your procedural rights, your commanding officer recommended discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense.  The discharge authority approved the recommendation and directed an OTH discharge by reason of misconduct due to commission of a serious offense.  On 29 September 2006, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your discharge is unjust because it hinders your employment opportunities, your ability to receive benefits for your child, and your ability to receive medical care.  The Board, noting you did not submit any post-service information or advocacy letters, did 
not find evidence of an error or injustice that warrants upgrading your characterization of service.  Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. 
 
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.