Docket No: 10815-18 
Date: Ref Signature                

Dear  
 
This is in reference to your application of 27 September 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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active service on 8 February 1988.  On 19 June 1989, you received non-judicial punishment (NJP) for two specifications of uttering checks without sufficient funds.  On 22 June 1989, you were counseled regarding your misconduct.  You went on a period of unauthorized absence (UA) from 13 September 1989 to 1 December 1989.  On 8 February 1990, you were convicted at a special court-martial (SPCM) for unauthorized absence, seven specifications of failure to go to your appointed place of duty at the prescribed time, and two specifications of violation of a general order.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 7 November 1991, you were discharged with a BCD. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire 
to upgrade your discharge and contention you need benefits.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not this Board.  You should contact the nearest office of VA concerning your right to apply for benefits.  Further, the Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on the severity of your repeated misconduct and subsequent BCD.   
 
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.