DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4799-19   
Ref: Signature date 

This letter 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 that 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 6 November 2019.  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 and began a period of active duty on 28 February 1986.  During the period from 28 August 1986 to 2 June 1988, you received nonjudicial punishment (NJP) on four occasions and were convicted by summary court-martial (SCM).  Your offenses included unauthorized absence from your appointed place of duty, failure to obey a lawful regulation, dereliction in the performance of duties, failure to go to your appointed place of duty, and breaking restriction.  On 4 August 1988, you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty and wrongful use of marijuana.  The adjudged sentence included confinement and for you to be discharged from the naval service with a bad conduct discharge (BCD).  After completion of all levels of appellate review, on 29 November 1989, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your post-service conduct and achievements, as well as your contention that, given your record of service, your punishment was too harsh.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs, a SCM conviction, and a SPCM conviction which included wrongful drug use contrary to the Navy’s policy of “zero tolerance.” The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case, under the totality of the circumstances, the Board determined that no clemency is warranted.  

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, 


12/10/2019