Docket No: 4771-19 
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 16 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. 

You reenlisted in the Marine Corps on 29 September 1958.  During the period from 15 December 1958 to 10 November 1959, you received four non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling two hours and 44 minutes, failure to go at the time prescribed to your appointed place of duty, and unlawful possession of a privately owned weapon and ammunition without authorization.  You were also convicted by three summary courts-martial (SCM) of two specifications of UA totaling two days, five hours and 10 minutes; missing unit movement; impersonating a non-commissioned officer (NCO); failure to obey a lawful order; and breaking restriction.  On 7 January 1960, you were convicted by special court-martial (SPCM) of UA totaling four hours and 50 minutes, failure to go to your appointed place of duty, and unlawful possession of a liberty card.  You were sentenced to confinement for 6 months, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 12 May 1960, you received NJP for being UA for one hour.  On 15 September 1960, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your character letters, your desire to upgrade your discharge, and your contention that your misconduct was a result of finding out your wife cheated and was pregnant.  However, the Board concluded that your five NJPs, three SCMs, and SPCM conviction outweighed your desire to upgrade your discharge. 
In regard to your contention that your misconduct was a result of finding out your wife cheated and was pregnant, the Board noted that there was no evidence in your record and you submitted none to support this contention, and, while this could be a significant event in one’s life, the Board concluded that you were responsible for your actions and finding out your wife cheated and was pregnant does not excuse your misconduct.  The Board also noted that you were convicted by a SPCM and sentenced to a BCD, which was suspended. 

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.