Docket No: 7958-20 
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 11 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, 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 Navy and began a period of active service on 16 March 1954.  From 1 February 1955 to 4 January 1958, you received non-judicial punishment (NJP) on eight occasions, summary court-martial (SCM) on four occasions, one special court martial (SPCM), and one conviction by civil authorities.  The offenses included disobeying a lawful order from a superior officer, disobeying a lawful order from a superior noncommissioned officer, four periods of unauthorized absence, disrespect in language to a superior noncommissioned officer, failure to report to the prescribed place of duty, breaking restriction, damage to a government vehicle and railroad sign, failure to obey a lawful written order, and conviction by civil authorities for larceny.  Subsequently, on 16 January 1958, you were notified of pending administrative action by reason of misconduct.  On 21 January 1958, the Undesirable Discharge Board convened and recommended that you be discharged from the Marine Corps.  On 24 January 1958, you were discharged under conditions other than honorable.     
 
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, that you have been married for fifty-six years and have a family, and contention that you have been a productive member of society since your discharge.  The Board further considered your length of service, that you came from a home without a father, you joined the Marine Corps when you were seventeen years old, and that you had a difficult time adjusting.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your NJPs, SCMs, SPCM, and the conviction by civil authorities, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  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 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,