Docket No: 8558-19 


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 April 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 a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 28 March 1979.  On 1 May 1979, you received nonjudicial punishment (NJP) for assault and dereliction of duty because you were found sleeping in your rack while on fire watch.  On 5 November 1979, you received a second NJP for assault.  On 29 March 1980, you received NJP for wrongfully pushing a sentry in the execution of his duties. On 23 June 1981, you received a fourth NJP for wrongful possession of an undetermined amount of marijuana.  On 15 July 1981, you received a fifth NJP for an unauthorized absence (UA) and disobedience of a lawful order.  On 27 November 1981, you received a sixth NJP for failure to go at the time prescribed to your appointed place of duty.  On 18 January 1982, you received a seventh NJP for damaging government property by dropping your M-16 rifle.  On19 February 1982, you were convicted by special court-martial for assaulting another Marine by hitting him across the face and back with a broom handle and wrongful possession of lysergic acid diethylamide.  You were sentenced to confinement, forfeiture, reduction in rank, and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review, and, on 22 August 1983, you were discharged. On 14 April 1983, after your court-martial but before you were discharged, you received your eighth NJP for insubordinate conduct, use of marijuana and amphetamine, assault, and UA. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you had “done my enlistment and over extreme prejudice.”  The Board noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board, noting you did not submit any documentation for consideration, did not find evidence of an error or injustice that warrants changing your BCD. 

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.