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

Docket No: 0446-18   
Ref: Signature date 

Dear  :

This 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 found 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 February 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active duty on 26 February 1996.  It appears you served without disciplinary incident until 7 November 1996 when you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA) from 27 September 1996 to 21 October 1996.  On 14 April 1997, you began a 185-day UA which ended when you surrendered on 19 October 1997.  On 9 January 1998, you were convicted by special court-martial (SPCM) and sentenced to confinement, reduction in rank, and a bad-conduct discharge (BCD).  The BCD was subsequently approved at all levels of review, and on 2 December 1998, you were discharged. 

The Board carefully weighed all potentially mitigating factors, your desire to upgrade your characterization of service so you could restore your dignity and receive medical benefits, and your contention your misconduct, which culminated in a SPCM conviction, was precipitated by delay in approval of your leave which had been requested to care for your mother after she was sexually assaulted by her landlord.  The Board also considered your contention that prior to the crime against your mother, you were an exemplary Marine.  Additionally, the Board considered the advocacy letters reflecting your post-service involvement with Veterans’ Outreach Program.  The Board, noting the two separate UA periods, determined there was insufficient evidence to support your contention regarding the delay experienced in getting your leave approved or the reason you needed to “take matters into your own hands”.  The Board concluded these factors were not sufficient to warrant relief in your case given the severity of your repeated misconduct.  The Board also noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your 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 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.



Sincerely, 


5/23/2019