Docket No: 11086-18 
Date: Ref Signature                
 
 
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 11 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 3 October 1968.  On 15 May 1969, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 22 September 1971, you were counseled and notified of your deficiencies.  You went on a period of UA from 3 March 1970 to 18 August 1971.  As a result of the foregoing, you submitted a request for discharge in lieu of trial by court-martial.  On 15 October 1971, your request for discharge in lieu of trial was denied.  On 5 November 1971, you were sentenced at a special court-martial (SPCM) to confinement, forfeiture of pay, and a bad conduct discharge (BCD) due to your UA.  On 3 April 1972, you were discharged with a BCD, as a result of a court-martial conviction.  On 19 February 1975, the Navy Discharge Review Board denied upgrade of your discharge and did not forward your case for clemency review under Presidential Proclamation 4313. 
 
The Board carefully weighed all potentially mitigating factors, such as your requests to upgrade your discharge and contentions that you were young, this is the only negative mark on your life, and you have been ashamed of this your whole life.  In regard to your contentions the Board considered your youth and immaturity as factor in your behavior, but concluded clemency was not warranted due to insufficient supporting evidence of your subsequent changes, and the 
severity of your misconduct which resulted your SPCM conviction with BCD.  Lastly, the Board in its review discerned no material 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.