Docket No: 1559-20
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  
2 December 2020.  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 and began a period of active duty on 25 March 1974.  On  
29 September 1974, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing movement.  On 24 November 1975, you received NJP for UA.  On 25 November 1975, you were counseled regarding your substandard performance, and you were notified further misconduct might result in the initiation of administrative separation proceedings.   On 3 June 1976, you were counseled regarding your substandard performance.  On 6 July 1976, you received NJP for UA.  On 8 July 1976, you were notified of the initiation of administrative separation proceedings by reason of the Marine Corps expeditious discharge program.  On 15 July 1976, the discharge authority approved and directed your discharge.  On 26 July 1976, you were discharged with a general characterization of service by reason of the Marine Corps expeditious discharge program.  At the time of your discharge you received a final mark of 3.7 in conduct.   
 
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 discharge, your request for forgiveness, contention of youth, and that you have been a productive member of society since your discharge.  The Board reviewed all evidence submitted with your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your three NJPs, outweighed these mitigating factors.  Further, the Board noted characterization of service is based in part on conduct averages computed from marks assigned on a periodic basis.  Your conduct average at the time of your discharge was 3.7.  At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service.  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,