Docket No: 4709-20
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 25 November 2020.  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 20 June 1979.  On 7 March 1980, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling six days.  On 18 March 1980, you received your second NJP for unauthorized absence totaling seven days, and two specifications of failure to obey a lawful order.  On 11 March 1981, you received your third NJP for absence from your appointed place of duty and UA totaling 11 days.  On 2 July 1981, you were convicted by Summary Court-Martial (SCM) of two specifications of failure to go at the prescribed time to your appointed place of duty.     
 
Subsequently, on 5 August 1981, you were notified that you were being recommended for administrative discharge from the Marine Corps because of misconduct.  You were advised of, and elected your procedural right to consult with military counsel.  After consulting with counsel, you waived your right to present your case to an administrative discharge board.  Your commanding officer (CO) then forwarded your package to the Separation Authority (SA), recommending administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The SA approved the recommendation and directed your separation from the Marine Corps with an OTH characterization of service.  On 23 September 1981, you were so discharged. 
    
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 two superiors exhibited biases towards you; and you were frequently selected to perform tasks that were unrelated to your normal duties after being identified as a “militant black.”  You further assert you were unfairly judged to be militant and treated as such on the first day at your permanent station.  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 three NJPs and SCM conviction, outweighed these mitigating factors.  The Board also noted that there is no evidence in the record, and you presented none, that such problems, if they existed at the time of your service, excused you of responsibility for your actions or were sufficiently mitigating to warrant re-characterization of your discharge.  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,