Docket No: 920-20 
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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 16 November 2020.  The names and votes of the members of the panel 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 31 March 1964.  On 21 October 1965, you were convicted by general court-martial (GCM) of robbery.  You were sentenced to a forfeiture of all pay and allowances, confinement at hard labor for three years, reduction in paygrade to E-1, and a bad conduct discharge (BCD).  However, on 18 February 1966, the convening authority approved only 18 months of confinement, forfeiture of all pay and allowances, reduction in paygrade and BCD.  On 7 October 1966, you received a BCD.   
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have your characterization of service ungraded, and six months of back pay.  The Board also considered your assertions that you were “found guilty of robbery – Article 122 which was not determined by the Base Commander Battalion Commander nor Judge Advocate General;” and that “Article 121-larceny/wrongful appropriation was Article 122 robbery.”  You also assert that and the record of conviction does not show any physical violence; and that the incident was an immature prank to get off base to go on liberty.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service or to be awarded back pay, given your misconduct which resulted a GCM conviction for a serious offenses.    
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,