Docket No: 4255-19 
Ref: Signature Date 
 

Dear   
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 23 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 14 June 1974.  On 10 November 1975, you were convicted at special court martial proceedings of larceny.  On 8 March 1976, you received nonjudicial punishment (NJP) for being incapacitated for the performance of duty and disobedience.  On 4 Aril 1976, you again received NJP for being incapacitated for the performance of duty and disobedience.  On 16 March 1977, you were convicted a second time at special court martial proceedings for unlawful entry of the   with the intent to commit larceny.  You were sentenced in part to a bad conduct discharge, which was reviewed on appeal.  You were discharged from the Marine Corps on 6 December 1977, on the basis of the court martial conviction. 
 
In your application for consideration, you ask that your discharge characterization be upgrade to a general discharge.  You state that most of your service was honorable and cite that you served several overseas duty tours including .  You contend that most of your incidents were alcohol-related and that you were never referred to alcohol rehabilitation or mental health treatment.  You stated that you have a service connected injury and feel that you did not warrant an unfavorable characterization of service.  You assert that your current discharge has negatively impacted your life for the past 40 years and that you have tried to be an upstanding citizen despite your rough start.  You provide several character letters in support of your request, which note your pride in having been in the Marine Corps, your growth as a person, and your decency and work ethic.   
 
The Board noted that your application for correction raises a potential issue of a mental health condition during your military service.  In a communication dated 8 August 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that your misconduct was alcohol-related and that you made positive contributions to the Marine Corps through most of your time in the military.  The Board also noted the information in your character letters, your contributions to your community since your discharge, and your commitment to self-improvement and accountability.  Even in consideration of the mitigating factors and the information you provided to the Board for reconsideration, the Board determined that your current discharge is supported by the misconduct reflected in your record.  The Board found that the seriousness of your misconduct to include two special court martial convictions, merits your current discharge.  The Board determined that your record does not reflect an error or injustice and corrective action is not warranted.   
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
 
 
 
 
 
 
 
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.