DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00573-12
7 November 2012
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 6 November 2012. 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, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 24 February 1989. The Board found that on 3 November
1989, you were convicted by special court-martial (SPCM) of
conspiring to commit larceny and larceny. You were sentenced to
confinement, a forfeiture of pay, a reduction in paygrade, and a
bad conduct discharge (BCD). You received the BCD on 20 August
1991 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, post service accomplishments and
desire to upgrade your discharge. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
of serious offenses. Accordingly, your application has been
denied.
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 submission of new and material
evidence or other matter not previously 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,
Bare Doge
fy, ROBERT D. ZSALMAN
Acting Executive Director
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