Docket No: 7577-20
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  
03 February 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 6 March 1970.  On 20 October 1970, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 14 October 1971, a special court-martial (SPCM) convicted you of larceny of a camera from another Marine.  On 7 September 1972, you received NJP for being disrespectful in language toward a non-commissioned officer (NCO).  On 13 November 1972, a summary court-martial (SCM) convicted you of being disrespectful in language toward an NCO.  On 16 May 1973, you received NJP for being in a UA status for approximately eight hours.  On 1 June 1973, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in a UA status totaling 168 days.  Prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and your commanding officer (CO) was directed to issue you an undesirable discharge for the good of the service (listed as “under honorable conditions” on your Certificate of Discharge or Release from Active Duty (DD Form 214)).  On 21 June 1973, you were so discharged. 
 
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 contention that your discharge should be upgraded because President Gerald Ford pardoned all service members who received an undesirable discharge.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contention that you received a pardon from President Gerald Ford.  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 three NJPs, an SPCM, an SCM, and your request for GOS discharge, 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.   
  
 
Sincerely,