DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001"
ARLINGTON, VA 22204-2490
SIN
Docket No: 2369-14
8630-03.
31 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
18 March 2015. 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 28 November 1985. On 9 February 1988, you were counseled
regarding failing to pay just debts in a timely manner. You were
warned that failure to take corrective action could result in
administrative discharge action. On 19 February 1997, you were
convicted by general court-martial (GCM) of theft, and uttering
°12 bad checks totaling $3,657.76. As part of your sentencing,
you received a bad conduct discharge (BCD) on 10 February 2000
after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, character letters, 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,
changing the narrative reason for your discharge or upgrading
your reentry code given your GCM conviction of very serious
offenses. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannct be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
‘evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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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