Docket No: 8368-19 
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 27 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 2 March 1979.  You received nonjudicial punishment (NJP) on 6 September 1979, for possession of hashish.  On 19 September 1979, you received NJP for painting a bulkhead with a can of black spray paint.  In January 1980, you were assigned marks of 2.8 in Professional Performance, and 2.0 in Military Behavior.  On 22 February 1980, you received NJP for a 13-day period of unauthorized absence (UA).  On 19 July 1980, you received NJP for possession of marijuana.  On 11 July 1980, you received NJP for UA and disobedience of a lawful order.  On 8 August 1980, you received NJP for UA from men’s muster.  In February 1981, you began a period of UA that terminated by your return to military control on 27 May 1981.  You were found guilty at special court-martial proceedings on 24 June 1981, for a period of UA from 13 February 1981 to 27 May 1981, and for missing ship’s movement.  You were sentenced to confinement at hard labor, forfeiture of pay for three months, and a bad conduct discharge. 
 
You request a change to your record to reflect a general characterization of service.  You state that you had not previously applied to the Board because you were traumatized and did not have faith that anyone would be able to help you.  You noted in your application that you planned to submit additional evidence and a brief in support of your application in the near future.  You did not submit additional information and your request was submitted to the Board for consideration. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your youth at the time of your misconduct and your contention that you were traumatized and did not have faith that anyone would help you.  The Board reviewed your available service record and your application, and did not find evidence of a trauma or traumatic incident or experience during your time in the military that may have impacted your conduct.  The Board considered the nature and frequency of your misconduct as documented by your numerous NJPs and special court-martial conviction.  The Board concluded that the length of your final UA from February to May 1981, supported the bad conduct discharge.  The Board further determined that clemency is not warranted, and that your bad conduct discharge was issued without error or injustice. 
 
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,