Docket No. 10419-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2020.  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. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 January 1987.  On 11 September 1987, nonjudicial punishment (NJP) was imposed on you for Disrespectful Language, Disobeying a Lawful Order, Breaking Curfew, Drunk and Disorderly and Communicating a Threat to a Non-Commissioned Officer.  On 3 May 1988, you were convicted at a Special Court-Martial (SPCM) of Disobedience of a Lawful Order, Assault, Disrespectful Language, Wrongful Possession of Alcohol in the Barracks, Destruction of Government Property and Drunk and Disorderly.  The SPCM sentenced you to four months confinement and a Bad-Conduct Discharge (BCD).  On 6 December 1988, you were offered 30 days inpatient treatment at a Veterans Administration (VA) facility prior to discharge, and on 1 April 1990, you requested the inpatient treatment.  On 9 June 1989, your court-martial appeal was denied.  You were discharged from the Marine Corps on 10 August 1990, with a Bad-Conduct Discharge.   
 
You requested an upgrade of your BCD discharge characterization.  You stated you did not get a chance for proper alcohol treatment while in the service.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in NJP and an SPCM conviction.  The Board noted that you accepted the offer of inpatient treatment at the VA in 1990. 
 
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 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,