DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4564-21 
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 22 September 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). 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 26 August 1981. You subsequently completed this enlistment with an Honorable characterization of service on 29 January 1985 and reenlisted on 30 January 1985. During the period from 29 April 1985 to 17 October 1985, you received three instances of non-judicial punishment (NJP). 

Your offenses were: two specifications of unauthorized absence, absence from your appointed place of duty, and operating a motor vehicle onboard a military installation after your driving privileges were revoked. On 29 January 1986, you were convicted by special court-martial (SPCM) of unauthorized absence totaling 57 days, seven specifications of failure to go to your appointed place of duty, failure to obey a lawful order, unlawfully receiving two blank stolen checks, unauthorized absence totaling 51 days, larceny with intent to defraud, and uttering a false check with intent to defraud. As punishment you were awarded confinement, forfeiture of pay, a bad conduct discharge (BCD). After the BCD was approved at all levels of review, you were discharged on 27 May 1988. 

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 character of service. The Board also considered your contentions that: 1) you were young, naïve, did not know much, did not have the experience or knowledge of anything, and got caught up in it; 2) you were doing a favor for another Marine by cashing a check for him, not knowing that he had stolen the personal checks and when you found out you were already involved; and 3) since your discharge, you have never in all of your years done anything criminal. The Board noted you did not submit any documentation or advocacy letters in support of your application to be considered for clemency consideration.
 
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 three 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, 
10/7/2021