Docket No: 8274-20            
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 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). 
 
On 3 November 1980, you enlisted in the Marine Corps.  On 10 April 1981, based on criminal charges you were facing, you submitted a request for the good of the service, to receive an other than honorable discharge to escape a trial by court-martial.  In connection with your request, you submitted a three-page written statement explaining how you wanted to get out of the Marine Corps.  On 20 April 1981, a staff judge advocate provided a legal review of your request on behalf of your command, and recommended that your request be approved.  On 29 April 1981, you were discharged with an other than honorable characterization of service.  In 2017, you filed a petition with this Board seeking an upgrade of your characterization of service.  In your petition, you contended that you served your country without prejudice, you paid your dues to society, and you provide an honest and honorable living for your family. 
 
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 contend in your current petition that your other than honorable characterization of service cannot be changed to dishonorable, and that what is set in stone cannot be erased.  The Board considered this contention, and noted that the Department of Veterans’ Affairs (VA) makes its own determination on the characterization of service of former service members, and perhaps a VA decision has caused some confusion on this issue.  To be clear, the Marine Corps did not change your characterization of service from other than honorable to dishonorable.  Your characterization of service remains other than honorable in your official records, as it was when you left the Marine Corps in 1981.  To the extent your petition seeks relief in the form of an upgrade of your characterization of service, the Board found that you did not provide evidence to support such a contention.  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, 
4/29/2021
Executive Director