Docket No: 10248-18 
Date: Ref Signature 
 

Dear  
 
This is in reference to your application of 1 October 2018 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 that 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 23 October 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 30 March 1992.  On 7 August 1992, you received non-judicial punishment (NJP) for violation of a lawful order, and unauthorized absence (UA) from your appointed place of duty.  On 16 November 1992, you received NJP for UA, and disobeying a lawful order.  On 27 January 1993, you were counseled regarding your frequent involvement with military authorities of a discreditable nature.  On 16 March 1993, you received NJP for unauthorized absence (UA).  On 13 May 1993, you were arrested by civil authorities.  On 20 April 1994, you received NJP for two specifications of UA.  On 7 July 1995, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA), and wrongful use of marijuana.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 10 February 1997. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention you served honorably for five years prior to your misconduct.  The Board determined there is insufficient evidence to warrant relief in your case given the severity of your misconduct.     
 
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 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.