Docket No: 3924-19 
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 19 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 5 August 1985.  On 16 July 1987, a summary court-martial (SCM) convicted you of unauthorized absence (UA) totaling 23 days.  On 25 January 1988, you received non-judicial punishment (NJP) for drunk and disorderly conduct and disrespect toward a non-commissioned officer (NCO).  On 9 May 1988, a SCM convicted you of failure to go to appointed place of duty.  On 13 October 1988, you were convicted by special court-martial (SPCM) of wrongful possession of alcohol, drunk on duty, and UA totaling four days.  You were sentenced to confinement for 75 days, forfeiture of pay and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 17 February 1989, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your misconduct was due to receiving divorce papers and a picture of your daughter that you did not know about, while stationed in .  However, the Board concluded that your misconduct, two SCMs, and SPCM conviction outweighed your desire to upgrade your discharge. 
 
In regard to your contention that your misconduct was due to receiving divorce papers and a picture of your daughter, which you did not know about, while stationed in , the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that you were convicted by a SPCM and sentenced to a BCD. 
 
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, 
                                                                              
6/15/2020