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 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 February 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in September 1975.  You were convicted by a special court-martial on 28 July 1977 for unauthorized absence, escape from confinement, and assault, resulting in a bad conduct discharge sentence.  Non-judicial punishment was subsequently imposed on you on 22 September 1977 for possession of marijuana.  After completion of your appellate review, you were discharged on 20 April 1978 with a bad conduct discharge pursuant to your court-martial sentence.  You provided a medical opinion stating you were diagnosed with bipolar affective disorder and treated since 2004.     
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability.  You assert that you were suffering from mental illness and alcoholism at the time of your misconduct.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded that you were criminally responsible for the misconduct that formed the basis for your bad conduct discharge and appropriately assigned a punitive discharge from the Marine Corps.  There was no evidence that you were not mentally competent when you committed your misconduct.  Therefore, based on your record of conviction and the severity of your misconduct, the Board concluded you were properly sentenced by the 
special court-martial.  Second, based on the finding that you were appropriately discharged from the Marine Corps for misconduct, the Board concluded you were not eligible for disability processing.  Disability regulations direct misconduct proceedings to supersede disability processing.  Third, the Board also determined the preponderance of the evidence did not support a finding of unfitness for continued naval service at the time of your discharge.  You were medically cleared for discharge on 23 March 1978 and reported no medical conditions that could be considered disabling at the time.  Additionally, you reported that you were in “good health” on your report of medical history.  Based on this evidence, and despite evidence you may have suffered from a mental health condition years after your discharge from the Marine Corps, the Board found insufficient evidence of unfitness for continued naval service at the time of your discharge.  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.  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.