Docket No: 5481-19 
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 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, 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 service on 9 November 1987.  On 9 May 1988, you received non-judicial punishment (NJP) for drunk and disorderly conduct.  From the period beginning on 29 August 1988 to 24 January 1989, you were counseled on three occasions regarding your misconduct.  On 18 January 1989, you received NJP for disrespect and failure to obey a lawful order.  On 13 February 1989, you were convicted at a summary court-martial (SCM) of assault and indecent language.  On 19 April 1989, you were convicted at a special court-martial (SPCM) of failure to obey a lawful order, being disrespectful in language and deportment, assault, and communicating a threat.  You were sentenced to reduction in rank, forfeiture of pay, and a bad conduct discharge (BCD).  On 16 December 1991, you were discharged with a BCD, as a result of a court-martial conviction. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that it has been thirty years since your discharge, you served and love this country, and you believe that you rate a better discharge from the Marine Corps.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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.