Docket No: 4852-20
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 4 September 1957. On 14 October 1958, you received non-judicial punishment (NJP) for violation of a lawful order.  On 28 October 1958, you received your second NJP for failure to obey an order.  On 13 February 1959, you were convicted by summary court-martial (SCM) of disrespect in language.  On 8 October 1959, you received your third NJP for drunk and disorderly conduct and assault.  On 22 March 1960, you received your fourth NJP for being disrespectful in language.  Subsequently, on 15 August 1960, you were discharged from the naval service with a general (under honorable conditions) character of service and transferred to the Marine Corps Reserve (USMCR). 
 
Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 3.68.  An average of 4.0 in conduct was required at the time of your separation for a fully honorable 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 assertions that: (a)at the time of the incident that lead to your demotion, you possessed a vehicle and kept it off base, a person not authorized to use your vehicle took possession of your vehicle and unbeknownst to you, was involved in an accident; and (b) you were told the incident was unbecoming of a NCO. 
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 four NJPs and failure to attain the required trait average, 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 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,