Docket No: 2482-20 
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 24 March 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, 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). 
 
You enlisted in the Marine Corps and began a period of active duty on 6 July 1995.  On 28 February 1997, you were convicted by special court-martial (SPCM) for an unauthorized absence from 9 October 1995 to 15 January 1996.  As punishment, you were awarded confinement and reduction in rank.  On 14 April 1997, you received your second conviction by SPCM of an unauthorized absence from 5 December 1996 to 16 March 1997.  As punishment, you were awarded confinement, reduction in rank and a bad conduct discharge (BCD).  On 29 April 1997, you received non-judicial punishment (NJP) for drinking while under the legal age, assault and drunk and disorderly conduct.  After the BCD was approved at all levels of review, you were discharged on 10 March 1998.    
 
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 your contention that clemency is warranted because it is an injustice for you to continue to suffer the adverse consequences of a bad discharge. 
 
The Board 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 misconduct, as evidenced by an NJP and two SPCM convictions and subsequent BCD, 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 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,