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

Docket No: 9971-18   
Ref: Signature Date 

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 16 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 18 August 1964.  You served for nearly four months without disciplinary incident, but on 1 December 1964, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty.  On 3 February 1966, you were convicted by special court-martial (SPCM) of three instances of larceny, unlawfully entering dwellings with the intent to commit larceny, unauthorized absence (UA) from your unit for a period of two days, and breaking restriction.  The sentence imposed was confinement at hard labor, a forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD).  The BCD was suspended for a period of six months.  On 8 September 1966, you once again received NJP for three instances of larceny, breaking restriction, and UA from your unit for periods totaling 11 days.  On 14 October 1966, your BCD suspension was vacated, and on 18 November 1966, you received the BCD after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, such as your post service conduct and your contention that you need medical and mental health care.  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 a two NJPs and an SPCM.  Further, the Board noted that you were given an opportunity to earn a better characterization of service when the BCD you received at court-martial was suspended, but failed to do so as evidenced by your continued misconduct.  The Board does not have 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.  The Board, in its review, discerned no material error or injustice in the discharge. 

Regarding your concern about eligibility for healthcare whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), using their procedures, and you may be eligible based on a portion of your service. 

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. 

Sincerely, 

11/21/2019