Docket No: 3958-20 
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 was 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 21 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 20 July 1988.  On 9 August 1989, you were convicted of Unauthorized Absence at a Summary Court-Martial (SCM).  On 14 September 1989, nonjudicial punishment (NJP) was imposed on you.  On 23 February 1990, you were convicted of Convicted of Unauthorized Absence and Missing Movement at a Special Court-Martial (SPCM).  A Bad Conduct Discharge (BCD) was adjudged at the SPCM.  On 10 July 1990, the Naval Clemency and Parole Board denied you clemency.   On 9 April 1991, the BCD was executed after appellate review of your case was complete.     
 
You requested an upgrade of your discharge. In your request, you said you made a huge mistake by requesting a court-martial to get out of the military.  You asserted that you were young and stupid and did not realize your mistake until later in life.  Finally, you asserted that you were too young to understand the severity of the BCD.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given the misconduct reflected in your record.  
 
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,