Docket No: 5455-19 
           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 18 September 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, policies. 
 
You enlisted in the Marine Corps on 22 June 1971. On 8 November 1972, you received nonjudicial punishment (NJP) for a 16-day unauthorized absence (UA).  On 7 December 1972, you received a second NJP for an 18-day UA.  On 26 December 1972, you were counseled regarding letters of indebtedness received from Liberal Credit Stores in the amount of $109.56.  On 21 September 1973, you were convicted by special court martial (SPCM) for a 55-day UA, falsifying casual payment receipts on four occasions, stealing U.S. currency in the amount of $325, and falsifying military pay records on three occasions.  You were sentenced to confinement, forfeiture, reduction in rank and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 5 April 1974, you were discharged.  On 30 January 1978, you were issued a Correction to Certificate of Release or Discharge from Active Duty (DD Form 215) which reflected your satisfactory completion of alternate service pursuant to Presidential Proclamation No. 4313. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you “should have been given an honorable discharge with medical conditions” because you contracted syphilis while on active duty, but instead, you were wrongfully discharged.  The Board further considered the 3 October 2018 letter to the Department of Veteran Affairs (VA) which you submitted with your request.  In the letter, you contend you suffer from Post-Traumatic Stress Disorder (PTSD) which dates back to a traumatic personal experience that occurred in the shower on your ship.  You contend the traumatic experience led to your diagnosis of syphilis which caused a change in your behavior because you “felt like poison” and were put in quarantine.  The Board noted you did not submit any documentation to support your claim of PTSD diagnosis or treatment with your original submission or in response to its letter dated 27 September 2019.  Additionally, the Board noted that it cannot set aside a conviction, but may only grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD.  Further, the Board, noting you did not provide any advocacy letters or documentation regarding your post-service accomplishments, did not find evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 
 
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,