Docket No: 4539-19 
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 21 August 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, policies. 
 
You enlisted in the Marine Corps on 8 March 1977.  On 17 October 1977, you began a period of unauthorized absence (UA) which lasted until 15 December 1977.  On 9 January 1978, you began a second period of UA which lasted 119 days and ended on 8 May 1978.  On 13 July 1978, you requested discharge for the good of the service to escape by trial by court-martial but that request was disapproved by the discharge authority.  On 28 July 1978, you were convicted by special court-martial for the two periods of UA and sentenced to three months confinement, a fine, and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 19 July 1979, you were discharged. 
 
Your request for a change to your characterization of service was reviewed in consideration of your contention that you have been diagnosed with depression, generalized anxiety disorder, and major depressive disorder.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” of the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you suffered from an undiagnosed mental health condition while in service.  The Board further considered your contention that you were told by the Marine Corps recruiter that you could “get into armor” once the “Marines knew my interest” but after the first day of basic training, you thought you “may have made a mistake.”  The Board considered your personal statement explaining your time in service and your post-service accomplishments with the accompanying certificates.  The Board noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board, even applying liberal consideration, did not find evidence of an error or injustice that warrants changing your 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 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,