Docket No: 6277-20 
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 14 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 on 9 July 1973.  According to your naval record, on 23 October 1975, you commenced a period of unauthorized absence (UA) for approximately six days.  You received nonjudicial punishment (NJP) for this UA on 30 October 1975.  On 18 November 1975, you commenced another period of UA that lasted until 26 November 1975, for which you received NJP on 28 November 1975.  You then commenced two periods of UA, from 28 November 1975, to your surrender on 2 January 1976, and from 6 January 1976, until your surrender on 22 March 1976.  You were facing charges for these periods of UA, and you elected to submit a request for discharge to escape trial by court-martial.  Your request was approved, and you were discharged on 25 May 1976, with an other than honorable characterization of service. 
 
The Board carefully reviewed the materials that you provided and carefully considered your contentions, including that you believed the fact that your Colonel sentenced you to correctional custody was unfair, and that you were only a 19-year old and thought that you had been wronged.  You also stated that you regret the decisions that you made, and you hope the Board can see its way to grant your request.  
  
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 contentions as described above.  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 UAs, outweighed these mitigating factors.  The Board noted that, in light of the standards set forth in the Wilkie memo, you did not present evidence, such as commendatory material or other post-service information, which the Board could have evaluated for sufficiency in supporting a discharge upgrade.  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,