DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
              
Docket No:  6470-19               
Ref: Signature date 

This is in reference to your application of 16 June 2019 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 13 January 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 5 October 1998.  On 24 March 1998, you signed the USMC policy on drug abuse.  On 28 February 2000, you were counseled for failure to go.  On 22 March 2000, you started a period of unauthorized absence and you were placed in deserter status on 28 April 2000.  On 24 January 2001, you were convicted at a Special Court-Martial (SPCM) of unauthorized absence and wrongful possession of marijuana.  Your sentence included a Bad Conduct Discharge, which was executed on 26 April 2002, after appellate review was completed. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge to allow for government employment and to change a tarnished military record.  The Board also considered your assertions that you were not patient and did not follow proper legal procedures for a hardship discharge.  Finally, the Board considered your assertions that you were not able to assist your mother in raising her daughters and helping her with the bills.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in an SPCM conviction. 

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, 

3/16/2020