Docket No: 2557-20
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 on 6 June 1958, and were honorably discharged on 6 July 1961.  You reenlisted in the Marine Corps on 7 July 1961.  During your second enlistment, you received non-judicial punishment (NJP) on two occasions for the following offenses: wrongful possession of a liberty pass, and treating a senior noncommissioned officer with contempt.  Between 9 January 1962 and 23 March 1962, you were apprehended by civil authorities on several occasions for the following offenses: reckless driving, driving without a license and loud mufflers, assault with the intent to rape and murder.  On 23 March 1962, you were charged and placed in confinement with a bond of $7,000.00 for two of the aforementioned charges. On 28 June 1962, you entered a plea of guilty to stabbing with intent to commit murder in exchange for dismissal of the rape and assault charges.  On 12 July 1962, your commanding officer (CO) recommended your discharge by reason of misconduct-conviction by civil authorities.  On the same date, you declined to make a statement and requested your case to be heard by an administrative discharge board.  On 17 July 1962, your individual counsel recommended that your discharge be changed to a general character of service.  On the same date, the administrative discharge board recommended your discharge by reason of misconduct.  On 20 July 1962, the separation authority approved and directed your discharge with an (OTH) characterization of service by reason of misconduct.  On 25 July 1962, you were so discharged.  On 9 February 1967, the CMC denied your request for a reenlistment code upgrade.  On 22 February 1968, the CMC responded to your request for a discharge upgrade and instructed you to reach out to the Naval Discharge Review Board (NDRB) for assistance.  On 18 June 1968, NDRB responded to your request for a discharge characterization upgrade and determined that your discharge was proper as issued.  On 17 January 1989, the Commonwealth of  issued a subpoena requesting your military records while you awaited trial for first degree murder.   
 
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 discharge was attributed to racism that you were subjected to during the 1960s.  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 conviction by civil authorities, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  The Board further noted that your DD Form 214 reflects an other than honorable (OTH) characterization of service.  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,