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

Docket No: 2755-19               
Date: Ref Signature 


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 16 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 and began a period of active service on 7 June 1983.  On 10 October 1984, you were counseled regarding your misconduct.  On 23 January 1984, you received non-judicial punishment (NJP) for willfully and wrongfully destroying the property of another Marine.  On 21 December 1984, you received NJP for larceny.  On 11 June 1985, you were convicted at a summary court-martial (SCM) for failure to obey a lawful order, damage of military property, and wrongfully appropriating property of the United States.  On 27 August 1987, you were convicted at a general court-martial (GCM) for two specifications of wrongfully distributing 0.26 grams of methamphetamine.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 22 August 1988, you were discharged with a BCD, as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention of your period of good service prior to your arrest for selling methamphetamines.  Additionally, you contend, an upgrade would make more VA benefits available to you.  The Board considered your service, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board in it review discerned no probable material error or injustice in the discharge. Finally, there is no requirement or law that grants an upgrade in the characterization of service solely to obtain veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  You should contact the nearest office of VA concerning your right to apply for benefits. 

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, 

5/4/2020