Docket No: 4821-19 
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 1 July 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 enlisted in the Marine Corps on 26 July 1956.  On 26 March 1957, you received non-judicial punishment (NJP) for disrespect toward a non-commissioned officer (NCO).  On 22 August 1957, a summary court-martial (SCM) convicted you of disobeying a lawful order.  On 15 November 1957, a special court-martial convicted you of disrespect toward a commissioned officer, communicating a threat, disobeying a lawful order, and assault.  On 22 May 1958, a SPCM convicted you of assault with a dangerous weapon.  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 22 October 1958, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were a 17 year old kid that grew up in the streets of Philadelphia without a mother and no place to live.  The Board also noted your contention that you never received counseling after having a difficult time adjusting to the military and the southern culture way of live prior to discharge.  However, the Board concluded that, given your misconduct that included NJP, SCM, and two SPCM convictions, your BCD is appropriate.   
 
In regard to your contention that you were a 17 year old kid that grew up in the streets of Philadelphia without a mother and no place to live, the Board noted your repeated misconduct, and that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. 
 
In regard to your contention that you never received counseling after having a difficult time adjusting to the military and the southern culture way of life prior to discharge, the Board noted that the record contains documented evidence which is contrary to your contention.  The Board found no error or injustice in your discharge that warrants a correction to your record.  
 
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,