DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

 
Docket No: 8809-17 
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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 16 January 2019. 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 28 October 1996. On 11 
June 1997, you received non-judicial punishment (NJP) for sleeping on post. On 2 October 
1997, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 
37 days, absent from your appointed place of duty, and missing ship’s movement. You were 
sentenced to confinement, forfeiture of pay, reduction in rank and a bad-conduct discharge 
(BCD). After the BCD was approved at all levels of review, you were discharged on 10 July 
1998. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge, as well as that you have grown and matured. The Board considered your 
assertions that you are a great father, and that you currently work as a professional truck driver, 
for which you have the responsibility of being on time and carrying expensive freight all over the 
United States. 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. The 
Board determined that no clemency is warranted in your case. In this regard, the Board 
considered your youth and immaturity as factors in your behavior, but concluded that the 
severity of your misconduct, which resulted in one NJP and SPCM conviction, outweighed your 
assertions, letters of support, and mitigating factors. The Board in its review discerned no 
impropriety or inequity in your 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 and material evidence. New evidence is evidence not previously 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, 


Executive Director