Docket No: 10862-18 
Date: Ref Signature                

 
Dear  
 
This is in reference to your application of 21 September 2018 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 that 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 4 December 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 1 July 1962.  On 15 September 1964, you were convicted at a summary court-martial (SCM) for unauthorized absence (UA).  On 2 November 1964, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA).  On 24 February 1965, you were convicted at your second SPCM for UA.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 16 July 1965, you were discharged with a BCD as a result of your court-martial conviction. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and the statements you provided with your application.  In part, you contend you were young and you were a good Marine.  You state, you are dying from prostate cancer.  Although your complete service record was not available, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. 
 
Based on the foregoing, the Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on the severity of your repeated misconduct, which resulted in one SCM, two SPCM conviction and BCD.   
 
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.