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

Docket No: 3484-19
Date: Ref Signature 

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 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 28 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active service on 28 December 1987.  On 23 March 1990, were counseled regarding misconduct.  On 19 June 1990, you received non­judicial punishment (NJP) for disobeying a lawful order, bringing discredit upon the armed forces by being publically intoxicated, and unauthorized absence (UA) from your appointed place of duty.  On 9 August 1990, you received NJP for attempting to perform your duties while under the influence of alcohol.  On 19 December 1990, you pled guilty and were convicted at a special court-martial (SPCM) for UA.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 29 January 1991, the final appellate review affirmed and directed the execution of your bad conduct discharge (BCD).  On 20 January 1992, 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 contention of immaturity, personal problems, and post-service conduct.  The Board commends your post-service conduct.  Notwithstanding, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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. 

Sincerely,