Docket No: 2161-21 
Ref: Signature Date 

Dear Petitioner: 
 
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 12 July 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, 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 on 7 November 1989.  On 12 January 1990, you received your first non-judicial punishment (NJP) for failing to obey a lawful order and disrespect in deportment.  On 18 April 1990, you received a counseling warning for unsatisfactory academic performance and lack of military bearing.  Not long after receiving this warning, on 17 October 1990, you received a second NJP for being in an unauthorized absence (UA) status from your appointed place of duty for two days.  Following this NJP, you were issued another counseling warning acknowledging your deficiencies but retaining you in the U.S. Marine Corps.   
 
On 21 May 1991, you received yet another counseling warning for unsatisfactory performance and for Violations of the Uniform Code of Military Justice by failing to return on time from a 96 hour special liberty, by reporting to the Platoon Commander in an improper uniform, and for failing to use your chain of command when requesting a leave extension.  You were also advised, on two (2) separate occasions, that failure to adhere to guidelines will result in disciplinary action and/or administrative discharge.   
 
On 1 October 1991, your further misconduct resulted in a Summary Court-Martial where you were found guilty of two specifications of UA, of disobeying a lawful order, and of two specifications of uttering worthless checks.  You were sentenced to be confined with Hard Labor for 29 days and were reduced in rank to E-1.  Subsequently, on 11 February 1992, you were notified of pending administrative separation by reason of misconduct, specifically, a pattern of misconduct, at which time, you elected to waive your procedural rights to an administrative discharge board.  Further, you were notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable (OTH) characterization of service.  On 2 March 1992, the Staff Judge Advocate determined your proceedings to be sufficient in law and fact.  On 3 March 1992, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct, specifically, a pattern of misconduct.  On 17 March 1992, you were discharged with an OTH 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 your discharge was unjust because you fought in a war.  You further assert that you had a chance to get out on a medical discharge.  The Board further noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct 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, 

7/15/21	

Executive Director