Docket No: 0594-18 
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 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 was 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. Your 
request was carefully examined by a three-member panel of the Board, sitting in executive 
session on 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 16 July 1996. On 
21 February 1997, you received nonjudicial punishment (NJP) for failure to obey an order or 
regulation. On 12 December 1997, you received NJP for unauthorized absence of 6 days and 
failure to obey an order or regulation. On 18 November 1999, you were convicted at a special 
court-martial of two specifications of unauthorized absence, one specification of missing 
movement, and one specification of wrongful possession of drug paraphernalia. The court-
martial sentenced you to a bad-conduct discharge. Appellate review of your case was completed 
on 30 January 2001 and you separated from active duty on 8 February 2001 with a bad-conduct 
discharge. The Naval Discharge Review Board notified you that your discharge was proper on 
13 September 2010. 

The Board carefully weighed all potentially mitigating factors, such as your request for an 
upgrade to a general discharge and your pride in being a Marine, your age and maturity. In 
addition, the Board reviewed the fact your enlistment was almost completed and your admissions 
regarding unauthorized absences and assertion that you never deserted. The Board considered 
your entire period of service as well as your assertion that you do not want any unearned VA 
benefits. The Board cannot set aside a court-martial conviction but may change the discharge 
through clemency. The Board noted that you did not provide any documentation beyond your 
statement to support your request for clemency. The Board concluded your mitigating factors 
and assertions were not sufficient to warrant a change to your discharge given your misconduct, 
which resulted in two NJPs and a court-martial conviction. 

With regard to veterans’ benefits, the Department of Veterans Affairs (VA) determines eligibility 
of veterans for benefits under their own regulations. You may be eligible for benefits for a 
limited period of your service. You may find more information and apply at your local VA 
office. 

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.