DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 358-10
21 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 September 2010. 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, your naval record and applicable
statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 11 June 1986. You were convicted
at a special court-martial of stealing personal checks from a
fellow Marine (two specifications), uttering a fellow Marine's
check with the intent to defraud (six specifications totaling
$552.75), and uttering fraudulent checks (17 specifications
totaling $409.43). Your sentence included a bad conduct
discharge (BCD). On 7 July 1988, after appellate review, you
received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to upgrade your discharge, and the character letters you
submitted. However, the Board concluded that your BCD should
not be changed due to your numerous acts of larceny and fraud.
You are advised that no discharge is upgraded due solely to the
passage of time or post service good conduct. In view of the
above, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
_ have. thé Board reconsider its decision upon submission of new
Mand material evidence or other matter not previously considered
"by tHe Boatd’ 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. ser
Sincerely,
Weneed
W. DEAN PF F
Executive reeétor
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