Docket No: 3644-19 
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 4 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active service on 12 September 1982. On 19 December 1983, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 8 March 1984, were counseled regarding you misconduct.  On 18 June 1984, you submitted a request for discharge in lieu of trial by court-martial.  On 26 July 1984, the commanding general disapproved your request for GOS discharge in lieu of trial by court-martial.  On 14 August 1984, you were convicted at a special court-martial (SPCM) for two specifications of UA and missing ships movement.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 3 May 1985, the final appellate review affirmed and directed the execution of your BCD.  On 12 November 1985, you were discharged with a BCD. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of immaturity, remorse for your actions, 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.