DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9914-19 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 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 and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Marine Corps in August 1986. Non-judicial punishment was imposed on you on 6 May 1987 for wrongful use of marijuana. A second non-judicial punishment was imposed on you for assault and drunk and disorderly conduct on 6 July 1987. A third non-judicial punishment was imposed on you for failure to go to your appointed place of duty on 13 January 1988. Subsequently, you suffered a crush injury to your left thigh on 1 April 1988 which required multiple surgeries. After you were released from medical care on 25 April 1988, you committed a series of offenses that resulted in your referral to a special court-martial. You were convicted by the special court-martial on 27 June 1988 for seven specifications of unauthorized absence, disrespect, and two specifications of wrongful use of a controlled substance. As a result, you were sentenced to a Bad Conduct Discharge in addition to confinement, forfeitures, and reduction in rank. You were discharged on 5 June 1989 at the completion of your appellate review with a Bad Conduct Discharge characterization of service. The Board carefully considered your arguments that you deserve to have your characterization of service upgraded to General and your narrative reason for separation changed to disability. You assert that your 1 April 1988 injury caused you to go insane based on lack of medical treatment and become disillusioned due to poor treatment by your chain of command. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found no evidence you were insane at any time while on active duty or evidence that you did not receive the required standard of care for your injuries. Medical records show you were treated extensively for your injury during your stay at Naval Hospital from 1 April 1988 through 25 April 1988. Discharge records document that you were able to ambulate independently with full range of motion of your knee, required no medication for your condition, and made no mention of mental health symptoms. In addition, you were scheduled for follow-up treatment on 2 May 1988 upon the completion of your convalescent leave period. Based on the medical evidence, the Board determined the preponderance of evidence did not support a finding that you were not properly treated for your injury, insane, or unfit for continued naval service as a result of your thigh injury. Second, the Board determined you were not eligible for military disability benefits based on your punitive discharge. Military disability regulations directed misconduct related processing to supersede disability processing. So even if there was evidence of unfitness based on your thigh injury, the Board concluded you were properly discharged based on your court-martial sentence. Third, the Board found that your Bad Conduct Discharge remains appropriate. In making the determination, the Board considered the fact there was no evidence of your claimed insanity and the fact you were punished for multiple incidents of misconduct, including wrongful drug use, prior to your April 1988 injury and subsequent court-martial conviction. The Board felt the totality of your misconduct, which included three incidents of wrongful drug use and an assault on a non-commissioned officer, sufficiently serious to merit the Bad Conduct Discharge characterization of service. They also concluded your April 1988 injury did not create sufficient mitigation to offset the seriousness of your misconduct. As pointed out earlier, the Board found evidence that indicates you received the proper standard of care for your injury. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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. Sincerely,