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

Docket No. 8574-18 
Ref: Signature Date 

Dear   ,

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  After careful and conscientious consideration of the entire record, the 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 June 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 and applicable statutes, regulations and policies.   

A review of your record shows that you entered active duty with the Marine Corps in April 1976.  That same year, you had two periods of unauthorized absence that resulted in a special court-martial conviction on 7 January 1977.  Later in 1977, you again had two periods of unauthorized absence that resulted in another special court-martial conviction and bad conduct discharge sentence on 31 August 1977.  You were medically cleared for separation on 29 September 1977 and placed on appellate leave.  On 18 May 1978, the Naval Clemency and Parole Board denied clemency in your case and you were discharged with a bad conduct discharge pursuant to your court-martial sentence on 3 August 1978. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service. You assert that you were suffering from a number of undiagnosed disability conditions along with family-related circumstances that contributed to your long-term unauthorized absences.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no evidence to support a finding that you were unfit for continued naval service at the time of your release from active duty.  The Board relied upon the 29 September 1977 separation physical showed you were medically cleared for discharge.  Second, the Board also concluded that you were ineligible for disability processing due to your punitive discharge issued upon your special court-martial conviction.  Disability regulations direct misconduct processing to superseded disability processing.  Third, the Board concluded your characterization of service remains appropriate despite your assertions that you suffered from undiagnosed disability conditions and committed misconduct due to health concerns with yourself and family circumstances. In the Board’s opinion, your continued misconduct after being retained by the Marine Corps after your first two long-term unauthorized absences and special court-martial conviction showed a lack of commitment to the Marine Corps and your enlistment obligations.  While the Board may have been sympathetic to your narrative based on the first two periods of unauthorized absence, the fact you continued to commit the same misconduct after being given a second chance eliminated any mitigation in support of a change to your characterization of service.  Additionally, the Board considered your post-discharge good character in making their findings.  While the Board was happy that you committed yourself to religion and helping others after your release from the Marine Corps, the Board relied on the Naval Clemency and Parole Board report to determine that you were appropriately discharged with a bad conduct discharge based on your misconduct and attitude toward the Marine Corps at the time. In their opinion, your post-discharge actions do not offset the approximately 177 days of unauthorized absences, two courts-martial convictions, and poor attitude toward military service that occurred in your brief period of active duty.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously 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. 

Sincerely, 



6/10/2019