DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6182-19              
Ref: Signature Date 

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 3 February 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 in May of 1979.  Your record indicates that you were found guilty by a special court-martial for violating the Uniform Code of Military Justice, Article 86  (for a period of unauthorized absence from 23 January 1980 to 24 January 1980), Article 91 (violation of a lawful order), Article 92 (violation of a lawful general order), and Article 95 (resisting lawful apprehension).  You were sentenced to a bad conduct discharge, confinement at hard labor for five months, and forfeiture of pay. 

In your petition to the Board, you ask that your characterization of service be upgraded from a bad conduct discharge to an honorable discharge.  You state that you kept your oath to the United States, as you were required to do.  You also provide some details about your misconduct, to include throwing a radio out of a vehicle window when two officers were driving 
you back to           and joining a ceremony in which someone “put stars” on you which you knew where not meant for you but a general. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your statement about your fulfillment of your oath to the Marine Corps and your country.  The Board also considered your personal statement which provided amplifying information about the circumstances of your misconduct.  The Board noted that your available record is nearly illegible, but that it confirmed your special court-martial conviction and your bad conduct discharge.  Even in light of your statements to the Board, the Board concluded that your conviction at special court-martial proceedings supported the bad conduct discharge.  The Board found that you did not provide sufficient information to overcome you current discharge characterization and merit an honorable 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. 

Sincerely, 



3/20/2020