Docket No: 3726-21            
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 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 23 August 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 commenced a period of active duty on 15 November 1972.  On 3 April 1974 you received nonjudicial punishment for disobeying a lawful order on two occasions.  On 11 November 1974, you received nonjudicial punishment for disobeying an order, violating a lawful general order, resisting apprehension, and assault.  On 13 November 1974, you received nonjudicial punishment for unauthorized absence.  On 18 April 1975, you were counseled concerning your attitude and behavior toward noncommissioned officers.  On 28 May 1976, you were convicted by a special court-martial for three periods of unauthorized absence, disrespect to a superior officer, escaping from custody, and stealing a tape deck.  As part of your sentence, you were awarded a bad conduct discharge.  After your court-martial conviction, but before your discharge, you engaged in several periods of unauthorized absence.  On 9 June 1978, you were discharged with a bad conduct discharge, which was reflected on your Certificate of Discharge or Release from Active Duty (DD Form 214) as an other than honorable characterization of service.  In 2018, you filed a petition with this Board seeking an upgrade to your characterization of service, contending that you did not steal from another Marine.  On 8 October 2019, this Board denied your petition. 
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case, including those required to be considered in accordance with the Wilkie Memo.  In your current petition, you have provided a statement explaining that you were punched in the mouth shortly after joining the Marine Corps, and that this, and other unfortunate circumstances, should serve to mitigate the misconduct that you engaged in while you were on active duty, which resulted in your bad conduct discharge.  You also provided factual context to the charge that related to the tape deck that you were alleged to have taken, as well as additional background on certain of your absences and your experiences while in the Marine Corps. 
 
Based upon its review, the Board concluded the potentially mitigating factors that you raised were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your three nonjudicial punishments and special court-martial conviction, 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, 
  

9/13/2021


Executive Director