Docket No: 2571-19 
Ref: Signature Date    



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 2 April 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 on 10 April 1964.  On 31 December 1964, you were convicted by special court-martial (SPCM) of three specifications of unauthorized absence (UA) totaling 16 days and two specifications of breaking restriction.  On 13 February 1967, a SPCM convicted you of UA totaling 650 days.  You were sentenced to confinement for six months, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 26 May 1967, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you joined the Marine Corps under the threat of juvenile incarceration, you were emotionally incapable of serving in the Marine Corps, you were 17 years old when you joined, and your discharge should be upgraded because your misconduct was non-violent.  In regard to your contentions that you joined the Marine Corps under the threat of juvenile incarceration and you were emotionally incapable of serving in the Marine Corps, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  In regard to your contention that you were 17 years old when you joined the Marine Corps, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that your discharge should be upgraded because your misconduct was non-violent, the Board noted that even though your misconduct was non-violent, the record shows a SPCM convicted you of UA totaling 650 days, which resulted in you receiving a BCD. The Board concluded that your misconduct and SPCM convictions outweighed your 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. 

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