Docket No: 7099-20 
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 16 October 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, policies. 
 
You enlisted in the Marine Corps on 29 March 1995.  On 4 August 1995, you received nonjudicial punishment for wrongful use of a controlled substance.  On 6 February 1986, you were convicted by special court martial for an unauthorized absence from 16 August 1995 to 29 December 1995, and wrongful use of methamphetamine.  You were sentenced to confinement, forfeiture, and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 18 March 1997, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you “went crazy for a short period of time” after the unexpected death of your father at the age of 46.  Specifically, you contend that while you were at home mourning your father’s death, you were “exposed to methamphetamine” and, knowing you would have a positive urinalysis, you “avoided going back.”  The Board further considered your contention that you “were not in a sane state of mind,” “could not distinguish between right and wrong,” and “felt I needed to take care of my mother.”  The Board noted you did not submit any documentation to support your claim of being “crazy” or “insane” with your original submission or in response to its letter dated 17 October 2019.  Lastly, the Board considered your contention that you have “put your life back together,” worked very hard to care for your family but the “BCD discharge is hampering my ability to care for my family.”  The Board noted that it cannot set aside a conviction, but may only grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD.  Further, the Board, noting you did not provide any advocacy letters or documentation regarding your post-service accomplishments, did not find evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 
 
The Board also considered your contention that the court-martial “determined that my BCD was not necessary as documented in my personal records.”  You specifically note the Convening Authority’s (CA) Action which states “the sentence is approved and, except for the bad conduct discharge, ordered executed.”  You contend that you had already served four months of confinement and forfeiture of pay.  Unfortunately, the Board noted you misunderstood the CA’s Action which may approve all of the sentence but cannot order the execution of the BCD.  In your case, the U. S. Navy-Marine Corps Court of Criminal Appeals affirmed the findings of guilty and the sentence as approved on review below on 19 June 1996.  On 18 March 1997, at the completion of appellate review, your BCD was ordered executed. 
 
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,