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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Marine Corps in April 1993.  You were convicted by a special court-martial on 16 August 1995 for wrongful use of marijuana and two specifications of wrongful appropriation.  As a result of your conviction, you were sentenced to a bad conduct discharge and placed on leave pending appellate review of your conviction.  On 30 April 1993, you were discharged with a bad conduct discharge after your conviction was affirmed upon appellate review.      
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability due to cellulitis and an anterior cruciate ligament (ACL) repair.  You also assert that you deserve an upgrade to your characterization of service based on post-discharge good character.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found insufficient evidence to support a finding of unfitness for continued naval service based on cellulitis or your ACL repair.  While the Board noted those conditions in your record and on your separation physical, they did not find evidence either condition prevented you from performing the duties of your office, grade, rank or rating.  The Board relied primarily on your 23 August 1995 separation physical and report of medical history which showed you were 
in good health and medically cleared for discharge from active duty.  Second, the Board also concluded you were ineligible for disability processing or benefits based on your punitive discharge.  Disability regulations directed that misconduct processing supersede disability processing.  As a result, they determined that you would not have qualified for disability processing, even if there was evidence of unfitness due to a disability condition.  Third, the Board also determined your bad conduct discharge remains appropriate.  While the Board was pleased with your post-discharge good character and success, they determined the seriousness of your misconduct still merits the punitive discharge awarded to you by the special court-martial.  In their opinion, the wrongful drug use combined with wrongful appropriation of your roommate’s property and money was too serious to mitigate despite the mitigation evidence your provided.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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.