DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10179-18 Date: 
Ref Signature 

This is in reference to your application of 21 November 2017 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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, sitting in executive session, considered your application on 30 October 2019.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 20 April 1992.  You went on a period of unauthorized absence (UA) from 5 July 1995 to 27 October 1997.  As a result of the foregoing, on 24 February 1998, you were convicted at special court-martial (SPCM) for UA, and missing ships movement.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 24 March 1999, the final appellate review approved and affirmed your conviction.  On 31 March 1999, you were discharged with a BCD as a result of your court-martial conviction. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge as matter of clemency. You state, you were a good Marine, you were young, and your period of UA was a result of stress you experienced due to a back injury.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on the severity of your misconduct, which resulted in a SPCM conviction and subsequent BCD.  

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,