Docket No: 7159-20 
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 27 January 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 on 30 July 1971.  On 27 June 1972, a special court-martial (SPCM) convicted you of unauthorized absence (UA) totaling 83 days.  On 31 May 1973, you received non-judicial punishment (NJP) for UA totaling two days.  On 7 June 1974, a general court-martial (GCM) convicted you of two specifications of UA totaling 528 days.  You were sentenced to confinement for six months, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 8 April 1975.  
 
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 it has been 50 years since you were discharged, you have been trouble free, contributed to society, and retired from the same job.  The Board also noted your contention that you received the Good Conduct Medal (GCM), rifle marksmanship badge, pistol badge, and the National Defense Service Medal (NDSM).  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 SPCM, NJP and GCM conviction, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
Regarding your contention that it has been 50 years since you were discharged, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically, due solely to the passage of time.  Regarding your contentions that since your discharge, you have been trouble free, contributed to society, and retired from the same job.  The Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge.  Regarding your contention that you received the GCM, rifle marksmanship badge, pistol badge, and the NDSM prior to discharge, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  
 
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,