Docket No:8260-20                                                                               
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 10 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 30 September 1977.  During the period from 10 October 1978 to 27 October 1979, you received non-judicial punishment (NJP) on two separate occasions.  The offenses included resisting arrest and unauthorized absence (UA).  On 24 November 1981, a general court-martial (GCM) convicted you of two specifications of wrongfully, knowingly, and intentionally possessing with intent to distribute, dispense, transfer or sell marijuana.  You were sentenced to confinement for two years, forfeiture of pay, reduction to E-1, and a dishonorable discharge (DD).  After the DD was approved at all levels of review, you were discharged on 22 February 1983.  
 
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 contentions that your DD was very excessive and the GCM judge also stated a DD was very excessive in your case.  Board noted that your punishment was a direct result of your actions, which resulted in a GCM conviction.  The Board also noted that the GCM judge is not the final approval authority and his opinion was noted in your GCM conviction.  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 and GCM conviction, 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,