DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket .No: 1391-12
6 November 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions 6f 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. 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.
You enlisted in the Marine Corps and entered active duty on 10
June 1985. On 27 March 1986, you were convicted by a general
court-martial, in accordance with your guilty pleas, of
conspiracy to commit larceny, larceny (six specifications
totaling $440.00), making a false statement under oath, and
possession of a false identification card. Your sentence
included a dishonorable discharge (DD). On 1” July 1987, after
appellate review, you received the DD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, current
desire to upgrade your discharge, post service good conduct, and
character reference letters. However, the Board concluded that
your DD should not be changed due to your serious acts of
misconduct. The Board was unable to find that your sentence was
unduly harsh or that the approved sentence was highly.
disproportionate to the offenses you committed. You are advised
that no discharge is upgraded due merely 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
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,
CP iathen Droog
{y- ROBERT D. ZSALMAN
Acting Executive Director
Copy to:
Philip E. Simmons, Esq.
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