Docket No: 2401-20 
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 you did not file your application 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 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 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 9 October 2001.  On 21 June 2002, you began a period of unauthorized absence (UA) that continued until 24 June 2002.  You were UA again from 9 to 12 August 2002.  On 16 October 2002, you were convicted by special court-martial (SPCM) for violating Articles 86 (UA), 92 (failure to obey a lawful order by wrongful entry into ), and 112a (wrongful use of marijuana and wrongful import of anabolic steroids into the United States) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay, confinement for 90 days, reduction in rank to E-1, and a bad conduct discharge (BCD).  On 14 February 2003, your request for appellate leave was granted.  On 20 May 2004, the Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence of your SPCM.  On 23 October 2004, your appellate review of your SPCM was completed.  On 15 November 2004, you were discharged with a BCD characterization of service and assigned a reentry (RE) code “RE-4B.”  On 9 January 2017, the Naval Discharge Review Board (NDRB) informed you of their decision regarding your request to upgrade your discharge to general (under honorable conditions).  The NDRB determined your discharge was proper as issued and no change was warranted. 
 
You request the Board upgrade your discharge to honorable or general (under honorable conditions).  Additionally, you request the Board change your RE code; however, you did not specify the RE code you are seeking.  You assert that: your discharge is inequitable because you received a BCD after years of faithful service to your country; you were discriminated against; and your discharge was too severe for the offenses committed.  You also claim that your BCD and RE code are unjust due to improper administrative discharge procedures, including not giving enough weight to your good record and not providing you with proper guidance. 
 
The Board was sympathetic to your desire change your characterization of service and RE code, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case the Board determined no clemency is warranted.  The Board in its review discerned no impropriety or inequity in the discharge.  The Board noted that you provided no evidence to support your contentions of discrimination and improper discharge procedures.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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,