DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1336-20 
Ref: Signature Date 

Dear : 

This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 30 April 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 27 August 1979. On 4 May 1982, you received non-judicial punishment (NJP) for drunk and disorderly conduct and damage to government property.  On 20 August 1982, you received NJP for two specifications of violating a lawful order.  On 31 August 1982, you received NJP for failing to comply with orders and incapacitation for the proper performance of your duties.  On 15 November 1982, you were convicted at a Special Court-Martial (SPCM) of wrongful appropriation of government property, damage to government property, violation of a lawful order, disrespect to a Staff NCO, escape from custody, provoking speech, and drunk and disorderly conduct.  A Bad Conduct Discharge (BCD) was adjudged as part of your sentence.  On 29 April 1983, the BCD was executed after appellate review of your case was completed.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions you served well for 2 years, 8 months and 7 days.  The Board also considered your assertions that immediate appeal of the SPCM was denied and you were not aware of the repercussions of SPCM.  The Board noted you were represented by defense counsel and your case was appealed to the Navy-Marine Corps Court of Criminal Appeals.  The BCD was not executed until after appellate review was complete.  Also, the Board considered your assertions that you want the benefits you earned during honorable service, you were only 18, immature, developed a dependency on alcohol and have limited use of your thumb as therapy stopped during incarceration.  The Board noted that the BCD terminated your military status and the benefits that flowed from that status.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in four NJPs and an SPCM. 

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

Sincerely,