Docket No: 6645-19 
Date: Ref Signature                

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 for Correction of Naval Records, sitting in executive session, considered your application on 19 August 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 28 May 1991.  On 5 May 1992, you were counseled regarding your frequent involvement of a discreditable nature, and you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On 11 May 1992, you were convicted at a special court martial (SPCM) for two specifications of unauthorized absence (UA), false official statement, and wrongful use of cocaine.  You were sentenced to forfeiture of pay, reduction in rank, confinement, and a bad conduct discharge (BCD).  On 29 July 1992, you received non-judicial punishment (NJP) for UA.  On 23 December 1992, you commenced appellate leave.  On 13 March 1995, you elected voluntary in-patient treatment for substance abuse.  On 30 March 1995, while incarcerated by civil authorities, you submitted a letter to your commanding officer requesting available assistance.  On 5 May 1995, you were discharged with a BCD, as a result of your court martial conviction.    
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you reached out for help while in the military and none was afforded to you.  The Board noted your request for assistance occurred following your SPCM conviction and subsequent sentence of a BCD.  Further, please note the intent of treatment is for benefit of the Applicant after discharge, however, you were incarcerated by civil authorities at the time you elected for treatment.  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 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,