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

Docket No: 1970-19 
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, sitting in executive session, considered your application on 5 May 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 duty on 27 June 1974. On 16 January 1975, you received nonjudicial punishment (NJP) for violation of a lawful order and unauthorized absence.  On 10 August 1976, you were convicted at a special court-martial (SPCM) of wrongful appropriation of personal property.  A bad conduct discharge (BCD), reduction to E-1, and confinement were adjudged. On 10 September 1976, the convening authority approved only the reduction to E-2 and suspended the BCD and confinement in excess of 30 days for six months.  On 27 December 1976, the findings and sentence were affirmed by the Naval Court of Military Review.  On 2 January 1977, the suspended portions of your sentence were vacated and ordered executed.  You received a BCD on 14 June 1977. On 11 July 1985, the Naval Discharge Review Board denied your requested relief.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you were coerced into confessing to a crime you did not commit, were threatened by a NIS agent, and scammed by a Petty Officer First Class who sold you a stolen camera.  The Board also considered your assertions that your defense counsel incorrectly advised that you could admit you violated probation and you would be discharged with the ability to later ask for an upgrade.  Finally, the Board considered your assertions that you were not given a Miranda warning, are on SSDI due to an incurable disease, and now understand how your case should have been handled.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and a conviction at a SPCM. 

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,