DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 8332-13
4 September 2014
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 3 September 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 establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 2 September 2003. The Board found that on 17 February
2005, you were convicted by general court-martial (GCM) of
attempted larceny, four specifications of larceny, and six
specifications of forgery. You were sentenced to a period of
confinement, a forfeiture of pay, a reduction in paygrade, anda
bad conduct discharge (BCD). You received the BCD on 6 February
2007 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, desire to upgrade your discharge and contention that
your post service diagnosed medical condition was the cause of
your misconduct. 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 GCM conviction of very serious offenses.
Concerning your contention, there is no evidence in the record to
support it, and you submitted no such evidence. Additionally,
‘your diagnosis of an impulse control disorder does not excuse
misconduct, so disciplinary action was appropriate. 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,
. ROBERT J. O'NEILL
Executive Director
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