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

Docket No: 6185-19                                     
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 6 November 2019.  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 duty on 3 February 1969.  You served for ten months without incident, but, on 7 December 1969 you began a period of unauthorized absence (UA) from your unit for a period totaling 187 days resulting your conviction by special court-martial (SPCM) on 20 August 1970.  The sentence imposed was confinement, a forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD).  On 26 January 1971, you received the BCD after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, including your contention you went UA because you were not granted emergency leave due to your wife’s pregnancy complications and once you were home you stayed to get your family back on their feet. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an SPCM and a period of UA lasting more than six months.  The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency. In your case, the Board determined no clemency is warranted. Further, the Board was sympathetic to your family distress, but noted there was nothing in your record and you did not submit any supporting documentations to show that your family problems could not be resolved through standard military channels. The Board, in its review, discerned no material error or injustice in the discharge.
 
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, 


12/10/2019