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Ves OF Ee NAVY
> CORRECTION OF NAVAL RECORDS
R COEF
701 S, COURTHOUSE ROAD, SUITE {O01
ARLINGTON, VA 22204-2490
TAL
Docket No: 240-14
12 December 2014
Dear Qy
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
3 December 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
Ln usted.
You enlisted in the Marine Corps and began a period of active
duty on 6 January 2003. You served for three year and six months
without disciplinary incident. On 12 September 2006, you were
convicted by general court-martial of forcible sodomy and
indecent assault. The sentenced imposed was confinement, a
forfeiture of pay, and a bad conduct discharge (BCD). On
20 February 2008, you received the BCD after appellate review was
complete.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your misconduct. 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 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,
OBERT J. O'NEILL
Executive Director
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