DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8695-20 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 8 March 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 June 1969. On 13 May 1970, you received nonjudicial punishment for a period of unauthorized absence. On 13 July 1970, you received nonjudicial punishment for failing to obey an order, violation of a lawful order, and unauthorized absence. On 16 September 1970, you received nonjudicial punishment for failing to make muster and for conduct prejudicial to prejudicial to good order and discipline. On 21 October 1970, you were notified of the initiation of administrative separation processing on the basis of drug use, along with your rights in connection with same. On 22 October 1970, you consulted an attorney, and after your legal consultation, you waived your rights to an administrative board, to appear in person before such board, to be represented by military counsel in connection with your separation, and to submit statements on your behalf. On 23 October 1970, your commanding officer forwarded his recommendation that you be discharged with an other than honorable characterization of service. On 6 November 1970, you were discharged with an other than honorable characterization of service. 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. In your petition, you contended that you did not receive due process for your discharge. Specifically, you asserted that you were not counseled on your deficiencies prior to your discharge. Based upon its review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Your naval record includes materials demonstrating that you received due process in connection with your discharge. You also contended that the Board should grant you relief based on clemency in light of the passage of time and your post-service achievements. The Board reviewed the materials you submitted with your petition, but it determined that your misconduct while on active duty, which included nonjudicial punishment on three occasions for a range of military offenses as well as your admission of using illegal drugs, outweighed the materials that you submitted in support of clemency. 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, Executive Director