Docket No: 3171-20 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 16 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 6 July 1999.  On 30 August 2000, you were convicted at a special court-martial of 60 days of unauthorized absence.  You were sentenced to confinement and a Bad Conduct Discharge (BCD).  On 13 September 2001, the Naval Clemency and Parole Board denied your petition for clemency.  On 23 July 2002, the findings and sentence were affirmed by the Navy-Marine Corps Court of Criminal Appeals.  The BCD was executed on 29 October 2002 after completion of appellate review. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you served honorably until you were late for formation one day and were singled out by your platoon leader.  The Board also considered your assertions that another Marine was also late, he was offered an Article 15, but you were told to take an Article 15 if you wanted to reenlist and deploy, or take a court-martial. You felt extorted. Finally, the Board considered your assertion that the upgrade will allow for a successful security clearance application in the security industry. The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a special court-martial conviction. Further, the Board found no evidence of error or injustice in your record that warrants an upgrade to the characterization of your service and concluded that your discharge was proper as issued.

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,