Docket No: 0108-20 
Ref: Signature Date 
          
 
Dear : 
 
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 17 February 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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 on 22 July 1967.  The Board noted that the entirety of your official military personnel file was not available.  In such cases, where documents are not available, the Board relies on a presumption of regularity in determining the events that occurred during your service.  On or about 9 August 1969, you were convicted of murder based on an event in  involving  nationals, and your sentence included confinement for life and a dishonorable discharge.  Ultimately, the confinement portion of your sentence was reduced to three years, and on 15 December 1971, you were dishonorably discharged.   

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  At the outset, the Board noted that you were sent a letter from this Board on 16 January 2020, explaining that your application did not contain sufficient information concerning your contention relating to post-traumatic stress disorder or other psychological diagnosis, and it had not received a response from you.  You stated that clemency is warranted because it is an injustice for you to continue to suffer the adverse consequences of a bad discharge, that your average conduct and efficiency ratings/behavior and proficiency marks were good, that you received awards and decorations, that you had combat service, that your record of promotions showed you were generally a good service member, and that you have been and continue to be a good citizen, and that there is an issue with fairness/equality in discharge results.  The Board similarly carefully considered your sister’s statement that you are very emotionally withdrawn, you have truly suffered these past fifty years, and that you have never been able to get a decent job and your quality of life continues to deteriorate.  
 
Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board did not believe you have enough supporting information concerning, for example, any psychological diagnosis or medical documentation, documents evidencing your post-service life and activities, or any additional documentation that supports your contentions, to grant relief.  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 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,