DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
               
Docket No: 706-18                                     
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 11 April 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 3 January 1974.  On 30 March 1976, you were convicted by special court-martial (SPCM) of three specifications of unauthorized absence (UA) for the periods 4 May 1974 to 1 July 1974, 8 July 1974 to 25 July 1974 and 26 August 1974 to 11 November 1975.  Your sentence included forfeitures of pay, confinement, and to be discharged from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 14 December 1976. 

You request a change in the type of discharge and characterization of service due to marital problems you experienced in-service and that the military failed to recognize and provide you with the time you needed to care for your ill spouse. 
  
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you repeatedly absented yourself from your unit without authorization in order to care for your ill spouse.  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.  Under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in your discharge.  Accordingly, the Board considered your contentions, but concluded that the severity of your misconduct, which resulted in a SPCM conviction and subsequent BCD, outweighed your desire to upgrade 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, 


6/28/2019 
Executive Director