DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 0114-19   
Ref: Signature date 

This letter 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 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 22 January 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active service on 20 February 1968.  On 6 September 1968, you received non-judicial punishment (NJP) for unauthorized absence (UA). On 13 December 1968, you were convicted at a special court-martial (SPCM) for UA from 20 August 1968 to 14 November 1968.  On 30 December 1968, you received NJP for UA.  On 3 March 1969, your request for hardship discharge was disapproved, and you were recommended for retention in the Marine Corps.  The hardship board noted that you based your hardship request on your family’s financial situation and the problem of having a special needs brother.  That board denied your request stating that “the situation is no different now than when Pvt           joined the service nor does he plan to reside at home.”  On 17 June 1969, you were convicted at a second SPCM for UA (52 days, terminated by apprehension).  You were sentenced to confinement, forfeitures of pay, and to be discharged from the naval service with a bad-conduct discharge (BCD).  On 31 October 1969, the final appellate review affirmed your sentence and discharge and directed the execution of your BCD.  On 19 March 1970, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that at the time of your enlistment you were experiencing family issues.  Additionally, you state that you received a letter stating the character of your discharge was upgraded.  The Board noted you did not provide evidence, and your record did not contain evidence, to support adjustment of your characterization of service. In regard to your contention regarding your family, the Board considered your family issues as factor in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. 
 
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. 

Sincerely,


2/17/2020