Docket No: 5477-19 
Ref: Signature date 

 
 
 
Dear : 
 
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 the evidence with respect to your request to upgrade your characterization of service 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 15 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 including your materials from the Department of Veterans’ Affairs (VA), relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 19 June 1964.  On 25 August 1972, you were counseled by your commanding officer concerning your unsatisfactory performance of duty.  In October 1972, you commenced two periods of unauthorized absence, totaling thirteen days.  On 18 January 1973, you were convicted by a general court-martial for two instances of unauthorized absence, conspiracy to commit graft, and several instances of willfully failing to ensure leave paperwork was submitted. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that your conduct that resulted in your bad conduct discharge should be mitigated due to your post-traumatic stress disorder that developed from incidents that 
occurred in Vietnam.  Your contention that you suffered from post-traumatic stress disorder was fully and carefully considered by the Board in light of the Secretary of Defense’s memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” of  3 September 2014 and the “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” memorandum of 25 August 2017.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board noted that, the crimes for which you received your bad conduct discharge are not consistent with the type of crimes that result from someone suffering from post-traumatic stress disorder.  The Board concluded that the characterization of your discharge is consistent with your misconduct. 
 
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.