Docket No: 11170-19 
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 14 October 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 on 27 September 1995.  On 24 September 1996, a general court-martial convicted you of unauthorized absence (UA) and assault.  You were sentenced to confinement for 18 months, reduction to E-1, and a bad conduct discharge (BCD).  However, on 24 February 1997, the Convening Authority approved your sentence except for the part of sentence extending to a BCD.  The part of the sentence extending to confinement after 1 April 1997 and the BCD was suspended until you were discharged at the end of your enlistment, unless vacated, the suspended sentence would be remitted.  On 31 January 1998, the Supervisory Authority noted that the unexecuted confinement and BCD suspension directed by the Commanding General (CG) were herby remitted.  On 19 May 2000, you received an additional NJP for disorderly conduct/drunkenness.  On 29 June 2000, you were discharged with an honorable characterization of service at the completion of your required active service. 
 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to remove the court-martial conviction which reflected clemency/pardon granted by the CG from your naval record.  However, the Board concluded that these factors were not sufficient to warrant relief given your GCM conviction. 
   
In regards to your contentions that you wrote a letter to the CG requesting clemency, the CG approved your request by remitting your confinement and BCD until the end of your enlistment, and the record of conviction states the sentence was remitted.  The Board noted that even though your confinement and BCD were remitted, the record clearly shows you were found guilty and were convicted by a GCM.  Therefore, the GCM conviction appropriately remains a part of your naval record and cannot be removed.  Regarding your contention that an unnamed Chief Warrant Officer and a Lieutenant Colonel signed the record of conviction, the Board noted that a review of your naval record did not reveal an error or injustice in your GCM conviction, and you submitted none, to support your contention that there was an error with your GCM conviction.      
 
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,