Docket No: 2576-19 
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 23 June 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 22 January 1985.  On 3 February 1987, you received nonjudicial punishment (NJP) for wrongfully disobeying a lawful order by driving your vehicle aboard base while your driving privileges were suspended.  On 18 November 1987, you were convicted at special court-martial proceedings of unauthorized absence (UA) from 8 April 1987 to 21 August 1987, eight specifications of wrongfully and unlawfully making and uttering bad checks, and conspiring to commit an offense.  The court sentenced you to a bad conduct discharge, confinement, forfeiture of $400 pay per month for three months, and reduction in rank.  You were discharged from the Marine Corps on 7 September 1988, as a result of the special court-martial conviction, and received a bad conduct discharge and a reentry (RE) code of RE-4. 
 
You request an upgrade to your bad conduct discharge and state that the record is correct but you would like an upgrade. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your desire for an upgrade.  The Board noted that you did not provide evidence in support of your request.  Based on the information reflected in your record, the Board determined that the special court-martial proceedings were executed without error or injustice.  The Board concluded that the court’s sentence supported the issuance of a bad conduct discharge, and that an upgrade is not warranted. 
 
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.