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

Docket No:  0880-18  
Ref: Signature date 


This letter 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 you did not file your application 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 14 March 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, as well as applicable statutes, regulations, and policies. 

You re-enlisted in the Marine Corps and began a period of active duty on 30 August 1984.  On 6 May 1985, you received non-judicial punishment (NJP) for a violation of Article 134 of the Uniform Code of Military Justice (UCMJ), “wrongfully make and utter a certain check.” On 29 May 1985, you received a “Page 11” counseling regarding deficiencies, specifically,  “frequently writing checks with insufficient funds,” and informed that your check cashing privileges were revoked at all Okinawa bases.  On 21 July 1986, you began a 38-day period of unauthorized absence (UA) that continued until you were apprehended on 27 August 1986, at which point you were confined pending court-martial.  On 14 October 1986, in accordance with your pleas of guilty, you were convicted by special court-martial (SPCM) for violating Articles 86 (UA) and 112a (wrongful use of methamphetamine) of the UCMJ.  You were sentenced to confinement at hard labor for three months, forfeitures of pay for three months, reduction in rank to pay grade E-1, and to be discharged from the naval service with a bad conduct discharge (BCD) (pending appellate review). On 12 December 1986, your request for voluntary leave to await appellate review of your BCD discharge was granted.  On 20 February 1987, you were notified in writing of the Secretarial decision to deny your request for clemency in your case.  On 5 March 1987, you were notified in writing that the Navy-Marine Corps Court of Military Review affirmed the findings and sentence of your SPCM and denied your petition for grant of review.  On 8 February 1988, you received a BCD with a Reentry (RE) Code of RE-4.
 
In your application, you requested the Board upgrade your BCD to a general (under honorable conditions) characterization of service.  You asserted that you should have been offered drug treatment options rather than a bad discharge.  The Board was sympathetic to your desire to change your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case the Board determined no clemency is warranted.  Under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in the discharge.
 
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,