Docket No: 7264-20            

Ref: Signature Date 
          
 
Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 28 June 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 commenced a period of active duty on 4 September 1991.  On 28 August 1992, you received nonjudicial punishment for failing to go to your appointed place of duty.  On 6 December 1992, you were issued a written warning for having insufficient funds in your checking account.  From 1 February 1993 to 22 March 1993, you participated in Operation Provide Promise.  On 9 April 1993, you received nonjudicial punishment for failing to pay a just debt.  On 7 June 1993, you received nonjudicial punishment for driving on base with a suspended license.  On 30 July 1993, you were convicted by a summary court-martial for failing to go to your appointed place of duty on four occasions, disobeying an order on two occasions, and for failing to pay a just debt.  On 23 August 1993, you underwent a psychological evaluation due to you feeling increased stress as a result of your nonjudicial punishments, court-martial, and pending administrative separation.  You were diagnosed with marital problems and a personality disorder with antisocial features and found to be fit for duty but not for retention.  On 25 October 1993, you were notified of the initiation of administrative separation processing and your rights in connection therewith.  You waived your right to an administrative board.  The same day, your commanding officer recommended that you be discharged with an other than honorable characterization of service.  On 29 November 1993, while awaiting discharge, you received nonjudicial punishment for disobeying an order.  On 9 December 1993, the discharge authority directed that you be discharged with an other than honorable characterization of service, and on 16 December 1993 you were so discharged. 
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  You contend in your petition that your discharge was unjust due to severe emotional issues that occurred at that time, that your service was always exemplary, and that the badges, medals, and ribbons that you received reflect your exemplary service.  In review of all of your materials, the Board did not find an injustice in your record warranting relief.  The Board noted that you did not provide evidence supporting your contention that you suffered emotional issues such that they mitigated your misconduct while on active duty.  The Board also observed that you engaged in repeated misconduct while on active duty, and that misconduct involved a variety of violations.  In conclusion, given the totality of the circumstances, as well as a review of your overall service record, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon the 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, 

7/8/21
Executive Director