Docket No: 7171-20/ 
           5381-05

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. 
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  A three-member panel of the Board, sitting in executive session, considered your application on 27 January 2021.  The names and votes of the members of the panel will be furnished upon request.  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 presented as evidence a personal statement.  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 personal statement, and all assertions and contentions in your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.    
 
Regarding your contention that you were young and wild when you enlisted, the Board noted that your record clearly reflected your misconduct and the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you were awarded the Vietnam Service Medal after being deployed to Vietnam, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that during deployment you were in constant fear of your life, which lead to your other than honorable discharge, the Board noted that the record shows that you were notified of, and waived your right to, present your case to an administrative board (ADB).  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,