Docket No: 0233-20 
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 4 November 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 Navy and began a period of active service on 8 August 1984.  You were counseled on 5 November 1986, regarding your misconduct.  On 24 November 1986, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 10 February 1987, you were convicted at a special court martial (SPCM) for three specifications of willfully disobeying a lawful order, two specifications of being disrespectful in language to an noncommissioned officer, unlawfully striking another Marine, and wrongfully communicating of a threat.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a Bad Conduct Discharge (BCD).  On 25 September 1989, you were again convicted at a SPCM for unauthorized absence from 4 April 1987 until 21 July 1989.  You were sentenced to confinement, forfeiture of pay, and a BCD.  On 29 November 1989, you were discharged with a BCD.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention of maturity since your discharge.  The Board considered your contentions and determined there is insufficient evidence to warrant relief in your case given your significant misconduct which resulted in two SPCMs.  In this regard, the Board concluded the seriousness of your misconduct outweighed your desire to upgrade your discharge.  
 
The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,