Docket No: 3635-20
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, sitting in executive session, considered your application on  
18 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, as well as applicable statutes, regulations, and policies. 
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 September 1983.  On 30 May 1986, you received non-judicial punishment (NJP) for larceny and wrongfully conspire to appropriate a stereo, property of another Marine.  On 30 September 1986, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 52 days, two specifications of failure to go at the time prescribed to restricted muster, disrespect toward a commissioned officer and wrongful use of cocaine.  As punishment, you were awarded reduction in rank, confinement, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 29 June 1987. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered all of your contentions, including that: (a) after your daughter was born you were taking care of her and her mother, who is now your ex-girlfriend; (b) you were stationed in , and your ex-girlfriend and child were in ; (c) you learned that they were struggling to survive; they did not have food, a place to stay, or the ability to be stable; (d) your ex-girlfriend being homeless affected your ability to concentrate on your first love, the Marine Corps; (e) your family started to suffer and fall apart and you were forced to separate your dedication; (f) the experiences your daughter was having and your inability to help them due to your dedication to the Marines caused you to suffer greatly from depression, stress and anger, and you tried to receive support from your command by requesting to take leave, to try to support your homeless child; (g) your major depression and family problems were overwhelming and you could not handle those problems as a young man; and (h) the only way to cope with the extreme depression and family problems was to resort to experimenting with drugs and secluding yourself from others with depression.  
 
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 clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board concluded that no clemency is warranted in your case.  In this regard, the Board determined that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in a BCD.  The Board, in its review, discerned no impropriety or inequity in the discharge. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,