Docket No: 8263-20 
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 1 February 1973.  During the period from 3 July 1973 to 23 April 1974, you received three separate instances of non-judicial punishment (NJP) for two specifications of unauthorized absence (UA) totaling 37 days, sleeping on post, and altering a light duty chit.  On 30 April 1974, a special court-martial (SPCM) convicted you of UA totaling 42 days and being disrespectful in language toward a non-commission officer (NCO).  During the period from 27 February to 10 April 1975, you received three NJPs for being disrespectful in language toward an NCO and two specifications of absence from appointed place of duty.  On 9 September 1975, you were notified of the commencement of administrative separation proceedings. On 19 December 1975, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for five specifications of UA totaling 135 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 an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 9 January 1976, you were 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, remove all derogatory information from your record, grant any promotions, awards, and certificates you were entitled,  and your contentions that you were never notified about the pardon given by President Gerald Ford and no one advised you of your right to be pardoned.  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 six NJPs, SPCM, and 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. 
 
Regarding your contentions that you were never notified about the pardon given by President Gerald Ford and no one advised you of your rights to the pardoned, the Board noted that there is no evidence in your record, and you submitted none, to support your contention that you were eligible to receive a pardon from President Ford.   
     
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,