DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8051-20 
Ref: Signature Date 

Dear : 
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 26 April 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 this 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, including 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 16 September 1971 and you served through 27 September 1975, receiving an honorable characterization of service upon your transfer to the Marine Corps Reserve. On 1 September 1976, you were convicted of second degree robbery and were sentenced to a period from one year to life. On 17 February 1977, an administrative discharge board was held, at which you received representation. The board determined that you had, in fact, been convicted, that the conviction supported discharge, that you should be discharged from the Marine Corps Reserve, and that your characterization of service should be general. On 25 July 1977, you were discharged from the Marine Corps Reserve with a general (under honorable conditions) characterization of service. In 2019, you petitioned this Board seeking an upgrade to your characterization of service from the Marine Corps Reserve. You asserted that a captain told you that your discharge would be automatically upgraded to honorable. On 7 June 2020, this Board denied your petition, explaining that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time. 

The Board carefully considered all potentially mitigating factors in your current petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You again contend in your current petition that you were told that your discharge characterization would be automatically upgraded to honorable after six months. The Board addressed this contention previously, as noted above. You also contend that you believe a prior period of inactive service reduced your period of obligated service, and, thus rendered your end of obligated service date prior to the date of your administrative discharge board. The Board carefully and fully considered your contentions. Your Notice of Obligated Service, contained within your official military personnel file, sets forth that you were obligated to serve in the Marine Corps Reserve through 19 April 1977. The Board noted that prior periods of inactive service do not count to reduce a Marines contractual obligation of service, and your administrative discharge board occurred prior to your end of obligated service date. According to a legal opinion obtained near the time of your separation from service, it was appropriate to use the findings of the administrative board to characterize your service. Here, the administrative board characterized your service as general (under honorable conditions). In conclusion, based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant 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, 
4/29/2021 

2