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

Docket No: 7972-18 
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 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 9 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, 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 14 February 1995.  You served for 11 months without disciplinary incident, but on 2 January 1996, you were convicted at summary court-martial (SCM) of unauthorized absence (UA) from your unit for three periods totaling 103 days.  On 11 June 1996, you were convicted by special court-martial (SPCM) of UA from your unit for a period of 78 days.  The sentence imposed was confinement, a forfeiture of pay, and a bad conduct discharge (BCD).  On 24 July 1997, you received the BCD after appellate review completed. 
 
The Board carefully weighed all potentially mitigating factors, such as your post service conduct and your contentions that you were young, an only child away from home for the first time, learned that your mother had cancer and lupus, regret your absences, and are now trying to make up by saving lives.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in an SCM, an SPCM, and periods of UA lasting more than six months.  The Board is prohibited from reviewing the findings of a court-martial and does not have authority to set aside a court-martial conviction.  The Board must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  The Board considered your youth and immaturity, was sympathetic to your concern for your mother, but noted there was nothing in your record and you did not submit any supporting documentations to show that this issue could not be resolved through standard military channels.  In your case, the Board determined no clemency is warranted.  The Board, in its review, discerned no material error or injustice in the 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.