Docket No: 1555-20
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 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 12 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, 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 duty on 6 June 1988.  On 29 November 1989, you received nonjudicial punishment (NJP) for failure to report to your prescribed place of duty.  On 11 March 1990, you were convicted by a special court-martial (SPCM) of four specifications of violation of a lawful general order.  On 25 March 1991, you received a second NJP for driving with an altered vehicle registration, eluding military police, and failure to report to your appointed place of duty.  On 29 May 1991, you were convicted by a second SPCM for failure to go to your restricted men’s muster, disrespect towards a superior officer, and disobeying a lawful order from a superior officer and a superior staff noncommissioned officer.  You were sentenced to a bad conduct discharge (BCD), confinement, and reduction in rank.  On 13 February 1992, the Naval Clemency and Parole Board reviewed your case and denied clemency and restoration.  On29 April 1993, the Navy-Marine Corps Court of Military Review affirmed the findings and sentence of your case.  On 4 November 1993, your BCD was ordered executed by the Convening Authority.  On 29 November 1993, you were discharged with a BCD.  On 3 December 1999, the Naval Discharge Review Board responded to your request for a discharge characterization upgrade and determined that your discharge was proper as issued. 
 
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 contention that you were pushed in the chest by your drill instructor.  The Board noted that there is no evidence in your record and you provided none, to support your contention.  The Board further noted you did not submit any documentation or advocacy letters to be considered in support of your petition.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and SPCMs, outweighed these mitigating factors.  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,