Docket No: 4310-20 
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 9 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 service on 28 November 1975.  On 2 August 1976, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty.  On 16 December 1976, you received NJP for UA from your unit, and willful destruction of government property.  On 15 March 1977, you were convicted at a special court martial (SPCM) for three specifications of disobeying an order, two specifications of disrespect to a superior non-commissioned officer, sleeping on your post, UA from your unit, and two specifications of dereliction in the performance of your duties.  You were sentenced to forfeiture of pay, reduction in rank, confinement, and a bad conduct discharge (BCD).  On  
26 May 1978, you were discharged with a BCD, as a result of a court martial conviction.    
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of youth, good overall service, unequal treatment, and inadequate legal counsel.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention of unequal treatment or inadequate legal counsel.  Absent 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.  The Board considered your youth, and your overall service in the Marine Corps as factor, but concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.   
 
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,