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

Docket No:  5699-19 
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 6 January 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, 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 and began a period of active duty on 9 October 2001.  On 2 April 2004, you were counseled for failure to maintain Marine Corps height/weight and/or body fat standards and not recommended for promotion on 7 May 2004.  On 18 October 2005, you were convicted at a General Court-Martial for False Official Statement, Soliciting Another to Commit Larceny, Concealing Stolen Property, Purchasing Stolen Property, and Receiving Stolen Property.  You were sentenced to a Bad-Conduct Discharge, 180 days confinement, forfeiture of pay and allowances, and reduction to E-1.  On 29 March 2007, following completion of appellate review, the Bad-Conduct Discharge was executed.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your admission as to your behavior and acceptance of your responsibilities.  The Board also considered your assertions that this punishment is too harsh, that you were a really good Marine and having your entire military career taken away from you was not fair.  Finally, the Board considered your three letters of recommendations as to your character.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in conviction at a General Court-Martial. 

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,