DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
    
   Docket No: 9519-18 
   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 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 you did not file your application 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 21 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, 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 31 May 1979.  On 31 July 1980, you were convicted by summary court-martial for violating Article 121 (larceny) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to confinement, forfeiture of pay, and reduction in rank.  On 15 January 1982, you were convicted by special court-martial (SPCM) for violating UCMJ Article 123 (fraud).  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 17 September 1982, a legal review of your SPCM affirmed the findings and sentenced imposed.  On 7 January 1983, you received a BCD. 
 
You requested the Board upgrade your discharge.  You asserted your belief that your BCD was “a little extreme.”  You stated you were only 20 years old at the time of your discharge and that it has haunted you for years.  You claimed you wanted to go back in the military but could not because your BCD.  Lastly, you stated you would like to use Department of Veterans Affairs (VA) benefits. 
 
The Board was sympathetic to your desire change your characterization of service, but 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 material error or injustice in the discharge or characterization of service.  With regard to VA benefits, you may be eligible for benefits based on a limited period of your service.  The VA determines eligibility under its own rules and regulations, and you may be eligible to apply at the nearest VA office. 
 
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.