Docket No: 8265-19 
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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 23 September 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
After having served honorably for three years in the U.S. Marine Corps, you reenlisted on 31 March 1987.  According to your naval record, on 28 January 1990, you commenced a period of unauthorized absence, and returned to the Marines after you were apprehended on or about 21 July 1991.  On 12 September 1991, you were convicted by a special court-martial and you were sentenced to, among other things, a bad conduct discharge.  Your bad conduct discharge was executed on 10 May 1993. 
 
The Board carefully reviewed the materials that you provided and carefully considered your contentions, including that you began having blackouts and you began to get severely nervous and that you would scratch your body.  You also contend that you were suffering from symptoms of post-traumatic stress disorder (PTSD).  The Board noted that you did not present medical evidence relating to your PTSD during your time in the service, or any evidence that would tend to demonstrate such PTSD was sufficient to mitigate the circumstances of your discharge.  In addition, the Board reviewed the commendatory material that you have included with your petition.  After careful review of your materials, the Board did not find evidence sufficient to warrant a change to your characterization of service, nor did it find evidence to support clemency. 
  
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.   
 
Sincerely,