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


Docket No: 1725-19 
Date: Ref Signature                
 
 

Dear : 
 
This is in reference to your application of 14 November 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 11 March 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 service on 6 March 1987.  On 7 January 1988, you were counseled regarding your failure to meet weight standards.  On 23 June 1988, you received non-judicial punishment (NJP) for unauthorized absence (UA), and wrongful use of methamphetamine, cocaine, and marijuana.  On 7 March 1989, you pled guilty and were convicted at a special court-martial (SPCM) for two specifications of UA, and wrongful use of marijuana.  You were sentenced to confinement, forfeiture, and a bad conduct discharge (BCD).  On 1 December 1989, the final appellate review affirmed your conviction.  On 5 April 1990, you were discharged with a BCD. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were denied leave, mistreated by your SNCO, and told an OTH would not affect you in the future.  The Board noted there is no evidence in the record, and you submitted none, to support your assertions.  Further, if these issues existed at the time of your service, the actions do not excuse your misconduct.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
 
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.