DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1099-20 Ref: Signature date This letter is in reference to your application of 18 September 2019 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 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 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 7 May 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 on 28 January 1958. On 4 August 1958, you received non-judicial punishment (NJP) for a period of unauthorized absence. On 3 October 1958, you were convicted at a special court-martial for unauthorized absences, missing movement, and for breaking restriction. You then received NJP again on 20 February 1959 for willfully disobeying a noncommissioned officer. Next, you were convicted by a summary court-martial, on 19 May 1959, for failing to obey a lawful order. You received NJP two more times during the summer of 1959, for offenses including unclean arms, unclean and rusty rifle, as well as disobeying the order of a noncommissioned order to shave and disobeying another order to have your rifle inspected. In June 1960, and again in January 1961, you were convicted by special courts-martial, each court-martial were for periods of unauthorized absence, and in each court-martial you were awarded, among other things, a bad conduct discharge. In March 1961, your commanding officer noted in a progress report, that your “lack of initiative and motivation make his restoration potential nil,” and he recommend that your bad conduct discharge be executed. You were discharged on 14 April 1961, and your DD Form 214 reflects your character of service as other than honorable, which was the method at the time of characterizing a bad conduct discharge. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, your assertion that you were subjected to disparate treatment in the form of physical punishment. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. The Board noted that, there is nothing in your service record, and you provided no evidence, to support your contentions that you were treated disparately. 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, 5/29/2020