Docket No: 5456-20
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 2 December 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 16 May 1985.  On 16 May 1986 and 11 July 1986, you received non-judicial punishment (NJP) for failure to obey a lawful order and an unauthorized absence.  On 7 November 1986, you were convicted by summary court-martial (SCM) of an unauthorized absence for the period from 21 August 1986 to 19 September 1986 and missing ship’s movement.    
 
Subsequently, on 4 December 1986, you were notified that you were being recommended for administrative separation from the naval service by reason of misconduct due to pattern of misconduct.  You were advised of, and waived your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) then forwarded your package to the separation authority (SA) recommending your administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The SA approved your CO’s recommendation and directed your administrative separation with an OTH characterization of service.  On 23 January 1987, 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 assertions that:  you suffered from alcoholism that developed while you were in the service; you requested leave to see your newborn child and dying wife, but your leave request was denied; you sought advice from the Chaplin and a Navy lawyer, who advised you of the consequences of leaving for over 30 days; a car driven by an officer struck you, and while you were in recovery close to returning to duty, you were discharged; and that the discharge was done so that no future payments would be made to you as service connected injuries.  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 also noted your contention that your discharge date is incorrect, and further noted that there is no evidence in the record and you presented none, to support this contention.  The Board finally noted that you presented no evidence to support any of your contentions and assertions.  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,