Docket No: 2148-21 

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 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 4 June 2021.  The names and votes of the panel members will be furnished upon request.  Your request for clemency was 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 U.S. Marine Corps and began a period of active duty on 15 January 1985.  Your record is incomplete in that it does not contain all the documents pertaining to your Special Court-Martial (SPCM) and administrative separations proceedings.  However, in the absence of, the board presumed a regularity in the conduct of considering your application.  On 19 March 1986, you were convicted at a SPCM for one specification of unlawful entry and one specification of indecent assault.  You were sentenced to confinement for 120 days, forfeitures of $400.00 pay per month for four (4) months, reduction to the grade of E-1, and a Bad Conduct Discharge (BCD).  On 9 April 1987, you were discharged with a BCD characterization of service.    
 
The Board carefully reviewed your application and 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 characterization of service based on your contentions that you did not understand the cause of 
your actions.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that the misconduct reflected in your record 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 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, 
6/15/2021
Executive Director