Docket No: 5748-19 
Ref: Signature Date 
 

          
Dear  : 
 
This is in reference to your application for correction of your husband’s 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 22 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 husband’s naval record, as well as applicable statutes, regulations, and policies. 
 
Your husband enlisted in the Marine Corps and began a period of active duty on 21 March 1969.  On 27 April 1970, he received non-judicial punishment (NJP) for an unauthorized absence (UA) in violation of Article 86, Uniform Code of Military Justice (UCMJ).  On 5 September 1970, he received NJP for another UA for a period of approximately seven days, in violation of Article 86, UCMJ.  On 27 February 1974, he was convicted by a general court-martial (GCM) for a UA totaling 1120 days, and sentenced to confinement reduction in rank, 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, he was discharged on 26 June 1974. 
 
The Board carefully weighed all potentially mitigating factors in this case, including your desire to upgrade your husband’s characterization of service.  The Board considered your contention that your husband was a “young and stupid” kid who had not grown up, and his service in Vietnam matured him to be a better citizen.  The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be  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.”  After careful consideration, the Board determined that there was insufficient evidence to warrant clemency in this case given the severity of your husband’s misconduct that resulted in a BCD.  Accordingly, the Board discerned no material error or injustice in your husband’s discharge, nor did it find that clemency was warranted. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,