DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5210-20                                   
Ref: Signature Date 


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  17 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 began a period of active duty on 23 May 1972.  On 4 August 1973 you were convicted by special court-martial (SPCM) of unauthorized absence from 10 May to 11 July 1973.  You were awarded forfeiture of pay, reduction in rank, and confinement.  On 4 March 1975 you convicted by SPCM of failure to obey order or regulation and wrongful possession of 88.4 grams of marijuana.  You were awarded confinement, reduction in rank, forfeiture of pay, and a bad conduct discharge (BCD).  However, on 21 May 1975 the Convening Authority suspended the BCD and confinement until the expiration of your current contract, unless the suspension was sooner vacated, the suspended portion of the sentence would be remitted.  On 15 June 1976 the suspended sentence to a BCD was vacated pursuant to Article 72, Uniform Code of Military Justice and you were discharged on 17 August 1976.     

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 contentions that the Marine Corps lied about your lab test and there were false lab results given as the reason to sign your discharge.  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 two SPCM convictions and subsequent BCD, outweighed these mitigating factors.  Lastly, the Board noted you did not provide any documentation to support your contentions.  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, 
2/20/2021