Docket No:  7373-19 
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 30 June 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 14 March 1986.  On 21 September 1987, you were counseled for lack of cooperation, courtesy, obedience, and respect.  On 8 October 1986, you received nonjudicial punishment (NJP) for unauthorized absence.  On 10 November 1987, you were counseled for lack of obedience and reliability and disobeying a barracks order.  On 9 January 1989, you were counseled for your continued failure to adhere to proper grooming standards after specifically being told to do so.  On 13 March 1989, you received NJP for wrongful use of marijuana.  On 19 May 1989, you received NJP for breaking restriction and unauthorized absence.  On 14 November 1989, you were convicted at a special court-martial (SPCM) of seven specifications of unauthorized absence and one specification of wrongful use of amphetamine/ methamphetamine.  A bad conduct discharge (BCD) was adjudged as part of the sentence and was executed after appellate review was completed.  You received a BCD on 10 July 1991. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you completed basic training, went to ITS and were subsequently stationed at  and .  The Board also considered your assertions that you went to  with the Navy SEALS while attached to a Marine amphibious assault unit.  Finally, the Board considered your assertions that you found out that your parents were going through a very violent divorce and you made the decision to leave and take care of your mother.  You contend that after all of your successful service, a BCD was not warranted.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your repeated misconduct, which resulted in thee NJPs and a SPCM conviction, despite being counseled on several occasions on the consequences of further misconduct.  The Board found no evidence of error or injustice in your record that warrants an upgrade to the characterization of your service and concluded that your discharge is proper as issued.   
 
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, 
                                                                   
9/16/2020


Executive Director