DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                           
Docket No: 10787-19 
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 11 March 1986.  On 4 December 1987, you were counseled regarding Unauthorized Absence.  On 11 December 1987, you were convicted at a Special Court-Martial (SPCM) of Larceny and Burglary.  You were sentenced to four months confinement and a Bad-Conduct Discharge (BCD).  On 25 October 1988, you were notified that your appeal was denied and you waived further review.  You were discharged from the Marine Corps on 10 April 1989, with a BCD.   
 
You requested an upgrade of your discharge to General or Honorable.  You stated that you were recruited into the Marine Corp without a high school diploma or GED and were unqualified at the time for enlistment.  You asserted that, due to several injuries you became addicted to opioid pain pills, which dictated your bad decision-making.  You also stated that you were not in a proper mental state when you committed the act that led to your BCD.  Finally, you asserted that you stopped using drugs and alcohol and have been clean for over 14 years. 
  
The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in an SPCM conviction.  With regard to your assertion that you were not in a proper mental state when you committed the act that led to your BCD, the Board noted that you provided no evidence to support the existence of an in-service mental health condition to which your misconduct could be attributed.  The Board also noted that you waived your rights with regard to appeals.   
 
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,