Docket No: 2274-20
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 17 October 1978.  On 11 May 1979, you began a period of unauthorized absence (UA) which lasted six-days.  On 24 May 1979, you received nonjudicial punishment (NJP) for UA.  On 12 September 1979, you received a second NJP for failure to report to the appointed place of duty.  On 21 October 1979, you began a second period of UA, which lasted two-hours.  On 23 October 1979, you received a third NJP for UA.  On 26 Oct 1976, your commanding officer (CO) denied your request for appeal for the aforementioned charge.  On 11 March 1980, your executive officer (XO) counseled you for disciplinary problems and their effects on future promotions.  On 1 April 1980, you were convicted by summary court-martial (SCM) for three specifications of failure to report to the appointed place of duty.  On 14 April 1980, your CO recommended your discharge by reason of misconduct-frequent involvement.  On 23 April 1980, you were discharged with a General Under Honorable Conditions (GEN) character of service and a reenlistment code of RE-3C.  On 15 February 1985, the Commandant of the Marine Corps (CMC) denied your request for a reenlistment code upgrade.  
 
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 are a one hundred percent disabled veteran in need of a discharge upgrade for further VA benefits.  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 SCM, 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 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,