Docket No: 3627-20 
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 10 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, 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 entered active duty on 20 October 1986.  After serving honorably for your first enlistment, you reenlisted on 24 July 1990.  On 10 December 1991, you were convicted by special court-martial (SPCM) for larceny of an Armed Forces Identification Card, 20 specifications of forging checks, and wrongfully and unlawfully making, under lawful oath, a false statement.  You were sentenced to confinement, forfeiture, reduction in rank, and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 5 November 1993, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your in-service and post-service accomplishments warrant a correction to your military records.  Specifically, you contend that your performance in the Marine Corps exceeded standards “for the vast majority” of your time as a Marine, evidenced by 
your receipt of the Navy Unit Commendation Medal, Good Conduct Medal, National Defense Service Medal, Sea Service Deployment ribbon (with two stars), two letters of appreciation and two awards of the Rifle Expert Badge.  Further, you contend you have “completely turned” your life around, “pursued a path that propelled [you] into a career in project management,” and you strive to “improve [yourself] and the lives of those around [you] by passionately continuing [your] education in management.”  The Board further noted the documents you submitted in support of your request for clemency based on your post-service achievements.  Additionally, the Board considered your deep remorse for the mistakes you have made and your contention you have learned from those mistakes through rehabilitation that has been “entirely of [your] own volition” because you were not given an opportunity to learn from counseling after being accused.  Lastly, the Board considered your contention that you continue to be “stigmatized and harmed” by your BCD, which the courts have recognized repeatedly in court cases, but despite the punitive discharge you received, you have “strived to overcome the negative stigma” in your life “by pushing forward to set a good example,” taking responsibility for your actions and owning the consequences.  The Board noted that it cannot set aside a conviction, but may only grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD.  Further, the Board considered the supporting documentation of your in-service and post-service accomplishments, but also noted you did not provide any advocacy letters for consideration regarding your post-service accomplishments and character.  The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 
 
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 contention that your in-service and post-service records warrant a correction.  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 your SPCM, 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,  
2/24/2021
Executive Director