Docket No: 0270-20 
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 5 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 USMC Reserve on 21 January 1957, and began a period of active duty on 1 July 1959.  On 10 December 1960, you began a period of unauthorized absence (UA) which lasted five-hours.  On 13 December 1960, you received nonjudicial punishment (NJP) for UA.  On 19 March 1961, you began a second period of UA, which lasted three-hours.  On 20 March 1961, you received a second NJP for UA.  On 9 May 1961, you began a third period of UA, which lasted two-days, during which, you were apprehended by military authorities.  On 10 May 1961, you received a third NJP for UA.  On 13 June 1961, you began a fourth period of UA, which lasted two-days.  On 16 June 1961, you received a fourth NJP for UA.  On 22 August 1961, you were convicted by summary court-martial (SCM) for UA, and disobeying a lawful order.  Consequently, you were placed in confinement and forfeiture of pay.  On 28 July 1962, you received a fifth NJP for drunk and disorderly conduct.  On 3 January 1963, you received a sixth NJP for failure to pass inspection.  You were discharged on 16 July 1963. 

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 the outcome of your discharge was attributed to your pattern of bad conduct.  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,