DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8265-20 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 5 March 2020. 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 Marine Corps and began a period of active duty on 1 December 1969. On 3 July 1970, you began a period of unauthorized absence (UA) which lasted until 6 August 1970. On 19 August 1970, you began a second period of UA which lasted until 26 October 1970 when you were apprehended by civilian authorities. On 31 October 1970, you were placed in confinement. On 18 December 1970, you began a third period of UA which lasted until 11 August 1971, when you were again apprehended by civilian authorities. On 14 September 1971, you requested a discharge for the good of service with the intent to avoid trial by court-martial. On the same date, your commanding officer (CO) provided you an advice letter concerning your request for an undesirable discharge for the good of service. You acknowledged receiving your CO's advice letter, and proceeded with submitting your request. However, on 22 September 1971, your CO recommended disapproval of your discharge, and on 29 September 1971, the separation authority disapproved your discharge request for the good of service. On 12 November 1971, you sent a letter to Senator requesting assistance with prisoner mistreatment during confinement. On 15 November 1971, Senator office sent a congressional inquiry to the Commandant of the Marine Corps requesting information in regard to your allegations of prisoner mistreatment. On 16 November 1971, your General Court-Martial was convened and adjourned the same day pending completion of a full psychiatric evaluation. On 10 December 1971, your initial neuro-psychiatric evaluation results indicated no presence of any psychological issues. However, a second evaluation conducted by a Medical Board did not concur and with the initial evaluation, and determined that you were not responsible for your actions due to your mental condition. On 16 December 1971, your CO concurred with the results of the second medical board evaluation. On 17 December 1971, disciplinary proceedings against you were dismissed, and your discharge with a general characterization of service by reason of unsuitability was approved. On 20 December 1971, your CO responded to Senator inquiry and informed him about the medical board results. On 23 December 1971, 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 contentions that you did not suffer from any mental issues at the time of your discharge and that you want the removal of the mental defect language from your records. However, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board noted that you provided no evidence to support your contentions. 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,