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 relevant portions of your naval record and your application, 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.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 and policies.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps memorandum 7200 RFF of 1 July 2020; a copy of which was previously provided to you for comment. 
 
On 11 December 1980, you entered active duty.  On 13 January 1983, you were subject to a General Court Martial.  On 14 January 1983, you were confined.  On 15 February 1983, convening authority action stated, “…dishonorable discharge, confinement at hard labor for 30 months, forfeiture of all pay and allowances, and reduction to pay grade E-1 was approved.  The forfeitures shall apply to pay and allowances becoming due on and after the date of this action.  The reduction to pay grade E-1 is effective this date…”   Furthermore, Disbursing Officer was notified on 24 February 1983.  On 18 May 1983, Supplementary record of conviction by Court Martial was issued stating that the Board of review decision stated that “The findings of guilty and the sentence, as approved on review affirmed.”  On 15 June 1983, pay status not affected was checked.  On 20 February 1985, you were dishonorably discharged as a result of a court martial with time lost of 766 days. 
 
You requested back pay of the period of January 1983 to December 1985; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Supplementary Record of Conviction by Court Martial is used by the commander as check sheets to ensure that the disbursing officer is notified at the proper time of any changes in the pay status of the man concerned as the case progresses to and through higher authority.  When a court martial sentence, as approved by the convening authority, includes forfeiture or detention of pay, fine, or reduction in grade, enter date of commander's pay order by which the disbursing officer is notified.  Similarly, when action by the supervisory authority modifies the sentence as regards forfeiture or detention of pay, fine, or reduction in grade, enter date of commander's pay order by which disbursing officer is notified.  If pay not affected by the sentence as approved by the convening authority, or by action of supervisory authority, indicate this fact by a check or "x" in appropriate box.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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,