DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                            
Docket No: 1904-19               
Ref: Signature Date 

This is in reference to your application of 17 December 2018 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 10 March 2020.  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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 12 January 1976.  On 13 June 1976, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling three days.  On 28 January 1977, you were convicted by special court-martial (SPCM) of UA totaling 114 days.  You were sentenced to confinement for 30 days, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 2 May 1980, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that adverse family conditions during your service negatively influenced your military service.  However, the Board concluded that there was no probable material error or injustice in your discharge. 

In regard to your contention that your adverse family condition during your service negatively influenced your military service, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 

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. 
               
Sincerely, 

3/31/2020