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

Docket No: 467-18               
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 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 27 March 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 1 November 1961. On 3 May 1963, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 54 days.  On 6 April 1965, you received your second conviction by SPCM for an unauthorized absence totaling 79 days.  On 15 December 1965, you received your third conviction by SPCM of an unauthorized absence totaling 88 days.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 24 March 1966. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you have at least three years or more of honorable service. 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 clemency.  The Board determined that no clemency is warranted in your case.  In this regard, the Board considered your contention, but concluded that the severity of your repeated misconduct, which resulted in three court-martial convictions, for which one resulted in a BCD, outweighed the remainder of your service.  The Board, in its review, discerned no material error or injustice in your discharge. 

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, 


Executive Director
6/24/2019