Docket No: 8011-19 
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 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 15 January 1964.  On 28 September 1964, you were convicted by special court-martial (SPCM) of an unauthorized absence for the period from 20 July 1964 to 29 August 1964.  On 3 December 1969, you were convicted by general court-martial (GCM) of desertion for the period from 5 July 1967 to 16 July 1969.  As punishment, you were awarded confinement, reduction in rank, forfeiture of pay, and discharge from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 12 February 1971. 
 
In your petition you make allusion to concerns that you may have been suffering from a post-traumatic stress disorder (PTDS) at the time of your misconduct.  Specifically, you state, “I went AWOL after I was called a baby killer when I came back from Vietnam.  I asked for help and received none.  I got myself together and turned myself in.”  In addition, you provide a support letter which states in part, “During his time in service    struggled with PTSD and at the time the struggle wasn’t talked about and no counseling offered or available to servicemen.”  Your indirect assertion that you suffered from PTSD was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder” of September 3, 2014.  However, you provided no evidence to support your assertion of PTSD.  The Board carefully weighed all other potentially mitigating factors in your case, including your desire to upgrade your discharge, and ultimately found that there was no error or injustice done.   
 
The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board determined that no clemency is warranted in your case.  In this regard, the Board concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in a BCD.  Accordingly, the Board discerned no material error or injustice in your discharge, nor did it find that clemency was warranted. 
 
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,