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


Docket No: 10417-18 
Date: Ref Signature 


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 4 December 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 service on 13 December 1971. On 3 January 1972, you received non-judicial punishment (NJP) for disobeying a lawful order.  On 19 May 1972, you were convicted at a summary court-martial (SCM) for unauthorized absence (UA).  On 18 December 1972, you were convicted at a special court-martial (SPCM) for two specifications of UA.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 16 March 1973, 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 your contentions that you were never offered presidential clemency and were young at the time of your discharge.  The Board noted that there is no evidence in your record, and you submitted none, to support that you applied for clemency per Presidential Proclamation 4313.  The Board considered your youth and immaturity as factors in your behavior but concluded that the severity of your misconduct, which resulted in an NJP, SCM and SPCM convictions, and subsequent BCD, outweighed your desire to upgrade your discharge.  Lastly, the Board in its review discerned no error or injustice in 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 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.