DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490                
                                                                                                  
Docket No: 4235-21 
Ref: Signature Date 

Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 6 August 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active service on 19 January 1999.  On 8 July 1999, you submitted a requested for humanitarian transfer.  On the same day, you were recommended six months Permissive Temporary Additional Duty (PTAD).  On 2 November 1999 you began a period of unauthorized absence until your apprehension on 3 December 1999.  As a result of the foregoing, on 20 December 1999, you were convicted at a special court martial (SPCM) for unauthorized absence (UA).  You were sentenced to a bad conduct discharge (BCD).  On 28 August 2001, you were discharged with a BCD, as a result of a court martial conviction.    
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your characterization of service and your contentions that: (a) you regret your misconduct, which was a direct result of your mother’s death; and (b) since your discharge, you have been a productive member of society.  The Board concluded there was insufficient evidence to warrant relief in your case.  Specifically, the Board noted that you did not provide any evidence to support your contentions of positive post-service conduct.  Further, the Board did not find evidence of an error or injustice in your record.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
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, 

8/24/2021
Executive Director