DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490                
                                                                                                 
Docket No: 3784-21 
Ref: Signature Date 
 
Dear Petitioner: 
 
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 23 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, 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 service on 4 January 1976.  On 31 August 1976, you received non-judicial punishment (NJP) for willful disobedience of a superior non-commissioned officer.  You were counseled on 10 January 1977 and 31 January 1977 regarding your misconduct.  On 10 May 1977, a special court-martial (SPCM) convicted you of five specifications of unauthorized absence (UA), and willfully exposing yourself in an indecent manner.  On 22 January 1979, civil authorities convicted you of second degree burglary.  As a result of the foregoing, on 2 November 1979, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to conviction by civil authorities, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB).  On the same day, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to conviction by civil authorities.  On 21 November 1979, your administrative separation proceedings were determined to be sufficient in law and fact.  On 7 December 1979, you were discharged with an OTH characterization of service by reason of misconduct due to conviction by civil authorities.  

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 the characterization of your service.  The Board reviewed the statements you provided with your application regarding the events that led to your enlistment and your separation from the Marine Corps.  The Board commends your post-service conduct.  Notwithstanding, please note members of the armed services who are subject to conviction by civil authorities and, if such action is taken, may be discharged.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted your repeated misconduct while serving in the Marine Corps, and the severity of your civil conviction.  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, 
 
8/10/2021
Executive Director