Docket No: 2556-20
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 the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
  
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 23 November 2020.  The names and votes of the members of the panel 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 29 November 1976.  During the period from 2 June 1977 to 21 August 1978, you received five separate instances of nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling 27 days, possession of a knife, disobedience of a lawful order, two specifications of disrespect, and breaking restriction.  On 2 February 1979, you began a period of UA that lasted 233 days, ending on 12 September 1979.  On 10 December 1979, you were convicted by special court-martial (SPCM) of 233 days of UA.  You were sentenced to confinement at hard labor, and a bad conduct discharge (BCD). On 12 April 1982, you received your BCD 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your discharge upgraded.  The Board also considered your assertions that you were harassed since the beginning of your MOS training because of your association with fellow Marines who were involved with corrupt Marine police and officers, which continued on to your final duty station.  You claim that by then, you were so dependent on drugs and alcohol to cope with your failure of becoming the Marine you had hoped to be.  You also contend that before your court-martial, you were asked again to meet with a NIS officer to discuss what your involvement was in the murder of one of his associates.  You stated you told them everything you knew, but were told it was not good enough, and that you would get a BCD.  Further, you contend that you were a young Marine, falsely accused, physically and emotionally abused, demoted in rank and MOS by Marine police and low ranking officers, and that you feared for your life during most of your service.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in five NJPs, and SPCM conviction for a very lengthy period of UA.  
 
  In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).   Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,