Docket No: 5049-19 
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 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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 20 August 1980.  On 19 February 1981, you received non-judicial punishment (NJP) for five specifications of absence from your appointed place of duty and wrongful possession of marijuana.  On 14 May 1981, you were convicted by special court-martial (SPCM) of an unauthorized absence for the period from 27 February 1981 to 20 April 1981 and while undergoing the punishment of correctional custody breached the restraint imposed by wrongfully leaving the correctional custody facility.  On 29 January 1982, you were convicted by SPCM of an unauthorized absence for the period from 30 October 1981 to 6 December 1981, wrongful possession and use of marijuana, escape from lawful custody, willful damage to military property, and unlawfully receive stolen property.  As punishment, you were awarded confinement, forfeiture of pay, and discharge from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 1 January 1983. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that at the time of your military service you were “young and stupid,” abusing drugs and very violent.  You contend that you were an expert at your job, you were never late.  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 clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 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 determined that no clemency is warranted in your case.  In this regard, the Board concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in a BCD.  Accordingly, the Board discerned no material error or injustice in your discharge. 
 
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,