Docket No: 1711-21 
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 21 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 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). 
 
You enlisted in the Marine Corps and began a period of active duty on 19 June 1995.  On 18 March 1998, you received non-judicial punishment (NJP) for failure to go to your appointed place of duty.  On 10 July 1998, you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty, failure to obey a lawful order from superior noncommissioned officer, false official statement, and three instances of wrongful use of amphetamine/methamphetamine.  As punishment, you were awarded confinement, reduction in rank, and a bad conduct discharge (BCD).  On 7 August 1998, you received your second NJP for absence from your appointed place of duty.  After the BCD was approved at all levels of review, you were discharged on 15 March 1999.      
 
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 and your contention that your discharge was inequitable because it was based on one isolated incident in your 36 months of service with no other adverse action.  You further state that you were a young man who made a mistake; you have not had any other issues before or after that mistake. 
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by two NJPs, and a SPCM conviction and subsequent BCD, outweighed these mitigating factors.  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 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, 
5/5/2021
Executive Director