Docket No: 
Ref: Signature date 

Dear 

This letter is in reference to your application 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 
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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel would not materially add to its understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on . You 
served 11 months without disciplinary incident but on you were convicted by 
special court-martial (SPCM) for two periods of unauthorized absence (UA) from your unit 
totaling 112 days. Three months later, on , you received non-judicial punishment 
(NJP) for UA from your unit for periods totaling 22 days. On , you were 
convicted by a second SPCM of UA from your unit for 855 days. The sentence imposed 
included confinement, forfeitures of pay, and to be separated from the naval service with a bad 
conduct discharge (BCD). On you received a BCD after appellate review was 
complete. 

The Board carefully weighed all potentially mitigating factors in your case, including your 
contention that your sentence was suspended, and that you spent years at Camp Lejeune and 
need medical benefits. The Board concluded that these factors were insufficient to warrant relief 
in your case because of the seriousness of your repeated misconduct that resulted in an NJP, two 
SPCM convictions, and periods of UA totaling over two years and eight months. In regard to 
your contention that your discharge was “suspended,” the Board noted that there is no evidence 
in your record, and you submitted none, to support your contention of a suspension of your BCD. 
Further, the Board has no authority to set aside a court-martial conviction and must limit its 
review to determining whether the sentence should be modified as a matter of fairness or 
clemency. In your case the Board determined no clemency is warranted. The Board, in its 
review, discerned no probable material error or injustice in the discharge. 

Regarding your assertion that because you were at     you require medical benefits, 
Public Law 112-154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act 
of 2012, requires the Veterans Administration to provide health care to Veterans with one or 
more of 15 specified illnesses or conditions. You should contact the nearest office of the 
Department of Veterans Affairs (DVA) concerning your right to apply for benefits or appeal an 
earlier unfavorable determination. 

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 matters. 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.