DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5673-18 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 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 15 August 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 13 October 1992. You served without disciplinary incident until you received nonjudicial punishment (NJP) on 13 November 1993 for a one-day unauthorized absence (UA). You received a second NJP on 7 November 1994 for another period of UA. On 25 April 1995, you received a third NJP for two periods of UA totaling seven days. On 29 June 1995, you received a fourth NJP for being absent from battalion restriction. On 6 March 1997, you were convicted by special court-martial (SPCM) for a UA which started on 11 September 1995 and ended on 21 December 1996 (468 days). Your sentence included confinement, forfeitures of pay, and to be discharged from the naval service with a bad conduct discharge (BCD). The BCD was subsequently approved at all levels of review and, on 20 March 1998, you were so discharged. In 2009 you petitioned the Naval Discharge Review Board (NDRB) to upgrade your discharge. At that time you contended that your misconduct was due to “a family crisis” from your father having a stroke, that you “did not receive proper support from the command,” and that you believed “some of [your] problems came from the racial issues [you were] undergoing during that time.” The NDRB noted within your court-martial transcript that your father “had suffered no change in his condition and was being care [sic] for by his spouse when [you went] UA [for 468 days].” The NDRB determined that “the record clearly reflects [your] willful misconduct and demonstrated [you were] unfit for further service.” The NDRB further determined that there is “no evidence in the record, nor [had you] produced any evidence, to support the contention that the command did not provide any support or evidence of any racism issues within the command.” The NDRB noted that your “statements alone do not overcome the government’s presumption of regularity in this case,” and on 13 October 2009, the NDRB denied your petition. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your present contention that you have “undiagnosed and/or untreated issues.” However, your in-service record does not support your contention, and the Board noted that you did not submit documentation to support your contention, even after the Board, in a letter dated 10 May 2019, requested materials or documentation from you in support of your claims. 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. However, under the totality of the circumstances, the Board in its review discerned no probable material 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 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.