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

Docket No: 0203-20             
Ref: Signature Date 


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 15 January 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 15 January 1971.  From the period beginning on 31 May 1971 to 1 October 1973 you received non-judicial punishment (NJP) on five occasions for the following offenses: three specifications of unauthorized absence (UA), confinement by civilian authorities, failure to comply with stragglers orders, and three specifications of failing to report to the prescribed place of duty.  On 3 January 1972, you were found guilty of UA at a special court-martial (SPCM).  On 1 August 1972, you were counseled regarding your marginal substandard conduct, and you were notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 11 October 1973 you were charged and referred to another SPCM for UA.  Thereafter, on 30 October 1973, you requested a discharge for the good of service in lieu of trial by court-martial.  On 6 November 1973, your Commanding Officer (CO) recommended approval of your discharge request for the good of service.  On 13 November 1973, your separation was determined to be sufficient in law and fact by the staff judge advocate (SJA).  On 28 November 1973, the discharge approval authority approved your discharge request for the good of service and an undesirable discharge.  On 30 November 1973, you were discharged with an other than honorable characterization of service. 

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 your general discharge should have been automatically upgraded to an honorable character of service after six months.  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 SPCM, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters in support of your petition.  The Board further noted there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after six months.”  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, 
1/28/2021 

Executive Director