DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 1825-20              
Ref: Signature Date 


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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 18 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 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, to include the Kurta Memo and 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 30 December 1963.  On 17 August 1964, you began a period of unauthorized absence (UA) which ended with your apprehension by civilian authorities.  On 26 August 1964, you received nonjudicial punishment (NJP) for a four-day UA. On 24 February 1965, you began a period of UA which lasted five days and received NJP for this absence. On 23 April 1965, you began a period of UA that lasted three days.  On 6 May 1965, you were convicted by summary court-martial (SCM) for UA and sentenced to confinement and forfeiture of pay.  On 18 August 1965, you received a third NJP for being absent from your appointed place of duty.  On 29 October 1965, you began a period of UA which lasted eighteen days.  On 17 November 1965, your commanding officer (CO) ordered a psychological evaluation at which time you were diagnosed with a personality disorder.  On 6 December 1965, you began a period of UA which lasted three days. On 12 January 1966, you you were convicted by special court-martial (SPCM) for two specifications of UA and sentenced to confinement and forfeiture of pay.  On 22 March 1966, you received a fourth NJP for being absent from your appointed place of duty.  On 29 March 1966, you received a fifth NJP for failure to go to your appointed place of duty.  On 30 March 1966, your CO recommended your discharge from the service with a general characterization of service by reason of unsuitability. On 31 March 1966, you were notified of the initiation of administrative separation proceedings by reason of unsuitability and elected not to make a statement.  On 12 April 1966, you were discharged with a general (under honorable conditions) characterization of service by reason of unsuitability. 

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 and contention that you have been a productive member of society since your discharge.  The Board further considered your contentions that your youth and immaturity at the time of the misconduct impaired your ability to serve, you had developed a drinking problem which made it difficult to return to base from liberty, and that your proficiency and conduct marks were good. Additionally, the Board noted your post-service accomplishments such as earning your Liberal Arts degree Magna Cum Laude, your successful careers, and family life. 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 NJPs, SCM, and SPCM, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  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, 

Executive Director