Docket No: 7122-20                                                                                 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 8 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 13 June 1978. On 22 May 1980, you were convicted by Special Court-Martial (SPCM) for one (1) specification of wrongful appropriation, two (2) specifications of larceny, and two (2) specifications of falsifying documents.  You were sentenced to reduction to E-1, confinement at hard labor for five (5) months, and forfeiture of $200.00 pay per month for five (5) months.  On 4 March 1981, you were convicted by SPCM for a second time for one (1) specification of larceny.  You were sentenced to reduction to E-1, confinement at hard labor for five (5) months, forfeitures of $250.00 pay per month for five (5) months, and a bad conduct discharge (BCD).  On 6 April 1981, you submitted a request for restoration/clemency.  On 27 April 1981, the Commandant of the Marine Corps denied your request on the basis of the offense committed and your past conviction by SPCM for the same offense.  On 30 July 1981, you were placed on appellate leave awaiting appellate review of your BCD.  On 23 November 1982, you were discharged with a BCD. 

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 characterization of service to receive benefits, and your statement that you were young, did not know what you were doing, and you were listening to older Marines.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the seriousness of your repeated misconduct, as evidenced by your two SPCM convictions, 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.