Docket No: 3306-19                              
Ref: Signature date 
 

Dear  
 
This letter 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 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 26 September 2019.  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 27 July 1998.  On 29 July 1999, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty (remedial physical training) and making a false official statement.  On 10 March 2000, you received a second NJP for misusing the internet by accessing a pornography website and making a false official statement.  On 4 January 2001, you were formally counseled regarding your established pattern of misconduct (your two NJPs) and your lack of responsibility in maintaining your issued gear.  On 22 January 2001, you received a third NJP for destruction of government property and losing issued military gear.  On 2 July 2001, you were formally counseled for uttering and passing worthless checks.  On 11 March 2002, in accordance with your plea of guilty, you were convicted by special court-martial (SPCM) of unauthorized absence (UA) from 17 December 2001 until 21 January 2002.  Your adjudged sentence included confinement, forfeitures of pay, and to be discharged from the naval service with a bad-conduct discharge (BCD).  The BCD was subsequently approved at all levels of review and, on 5 September 2003, you were so discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were told your discharge would be upgraded to a general (under honorable conditions) discharge within twelve months.  The Board, noting you did not submit any supporting documentation, post-service information, or advocacy letters to support your contention, found no evidence of probable material error or injustice to warrant upgrading your characterization of service.  Moreoever, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. 
 
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.