Docket No: 5666-20 
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 17 March 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 29 June 1977.  On 11 November 1977, you received non-judicial punishment (NJP) for dereliction in the performance of duty.  On 9 January 1978, you commenced a period of unauthorized absence (UA) that concluded upon your return to military authorities on 31 January 1978, totaling 22 days.  On 17 February 1978, you again commenced a period of UA that again concluded upon your return to military authorities on 29 January 1980, totaling 711 days. 
 
On 1 May 1980, you submitted a written request for separation in lieu of trial by court-martial for the foregoing periods of UA.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt of the foregoing offense and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted, and on 16 May 1980, 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 your admission that you made a serious mistake while you were in the Marine Corps.  You contend that due to factors such as your youth and limited cognitive capacity, your ability to fully comprehend the impact of your mistakes was compromised.  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 NJP and subsequent separation at your request to avoid trial by court-martial for two UAs totaling 733 days, 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,