Docket No: 3781-19 
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 23 June 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty service on 3 January 1963.  On 2 April 1964, you were convicted at special court martial for a period of unauthorized absence (UA) from 6 February 1964 to 12 March 1964.  On 16 November 1964, you were found guilty at a second special court martial of a period of UA from 13 September 1964 to 19 October 1964, a period of UA from 23 to 29 October 1964, and failure to comply with a lawful order.  The Court sentenced you in part to confinement at hard labor, forfeiture of pay, and a bad conduct discharge.  You were discharged from the Marine Corps on 3 September 1965, pursuant to the sentence of the court martial.   
 
You request an upgrade to your discharge and state that during your time in the Marine Corps, you were very young and misguided.  You further contend that you were emotionally distraught due to extensive harassment and were targeted because of a medical condition that caused your 
eye to droop.  You state that had you even know a few years later how to handle the situation, you would have continued your service honorably and not have gone home.  You cite being bullied and not having anyone to turn to during your time in the Marine Corps. 
 
The Board noted that your application for correction raises a potential issue of a mental health condition (emotional distress) during your military service.  In a communication dated 5 August 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board noted that you were asked to provide additional information regarding your mental health condition, but elected not to do so.  Absent such information, the Board found that there was insufficient evidence to establish that you suffered from a mental health condition at the time of your military service that mitigated your misconduct. 
 
The Board, in its review of your entire record and application, carefully weighed potentially mitigating factor such as your youth, being targeted and harassed because of the appearance of your eye and your statement regarding a lack of support from your chain of command.  The Board found that the challenges you faced during your time in the Marine Corp did not overcome the misconduct reflected by two special court martial convictions.  Accordingly, the Board concluded that your current discharge was issued without error or injustice, and that corrective action is not warranted.   
 
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, 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.