DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, :SUITE 1001
‘ARLINGTON, VA 22204-24390 * Ss
_. Docket No: 3154-13
-19 ‘February 2014"
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.. 7
A three- -member panel of the Board for Correction of Naval
Records, sitting in executive. session, considered ‘your
application on 19 February 2014. 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 estab ist the existence of ‘probable maberiat error or
injustice.
You enlisted in.the. Marine. Corps’ and began a ‘period | of: active
_ duty on 17 June.2002. You served for about six months without .
disciplinary: incident, -but. during the period from 12. December.
2002 to 1. ‘April 2003, you received nonjudicial: punishment. (NIP).
on two occasions and were convicted by special court-martial
(SPCM).. Your offenses'were theft (PlayStation 2 two ~
specifications) ,. disrespect, three specifications of larceny SL
(PlayStation 2, PlayStation: 2 games,. $480 from a fellow Marine),
and: unlawful entry. to commit. ounaey offenses. °
On 7: ‘August: 2004 you were again ‘convicted by’ ‘SPCM of making a
false official:statement : and theft of a PlayStation 2.00.
You were sentenced to confinement for six months and a bad.
conduct discharge. (BCD). The BCD was subsequently approved at
all levels. of review, and on 7 June 2007 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, — such as
your desire to upgrade your discharge and post service conduct,
which also included the background screening documentation.
provided with your application. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which included theft from a fellow
Marine and resulted in two NJPs and two SPCMs. 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,
Tenn RD.
ROBERT D. ZSALMAN
Acting Executive Director
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