DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                            
Docket No: 7770-19 
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 13 July 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 United States Marine Corps (USMC) and began a period of active duty on 5 September 1990.  On 16 September 1992, you were convicted of Unauthorized Absence at a Special Court-Martial.  You were sentenced to a Bad Conduct Discharge (BCD), forfeiture of pay, reduction in rate, and four months confinement.  The BCD was executed on 20 July 1994, after appellate review was completed. 
 
You requested an upgrade of the BCD.  The Board considered your assertion that the lapse of time from the date of discharge made the BCD unjust as you served in DESERT STORM.  The Board also considered your assertion that you were in an uncompromised situation and time has shown you are to be forgiven.  Finally, the Board considered your post USMC career, including your business and ministerial activities, as well as the many letters of support that you submitted.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct which resulted in conviction at a Special Court-Martial. 
 
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,