Docket No: 7110-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 26 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 on 6 July 1987.  On 11 October 1989, a special court-martial (SPCM) convicted you of unauthorized absence (UA) totaling 28 days and larceny from another Marine.  You were sentenced to confinement for 90 days, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 13 June 1990, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, change your address, and contentions that (a) you were young and made poor choices, (b) you had several Marines testify that you were a good Marine, (c) you asked for emergency leave but it was denied, and (d) your roommate gave you permission to use his credit card.  In this regard, the Board concluded that your SPCM convictions outweighed your desire to upgrade your discharge. 
  
In regard to your contention that you were young and made poor choices, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  In regard to your contention that you had several Marines testify that you were a good Marine, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contentions that you asked for emergency leave but it was denied and your roommate gave you permission to use his credit card, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  
 
In regard to changing your address, the Board noted that you should contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), 3280 Russell Road, Quantico, VA 22134-5103 to request that administrative corrections to your address be made on your DD Form 214. 
 
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,