Docket No: 8454-19 
Ref:  Signature Date 
 
MR 

Dear Mr.  
 
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 9 November 2020.  The names and votes of the members of the panel 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 this 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 30 November 1964.  On 8 July 1965 and 30 October 1965, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling nine days, failure to obey an order, and disorderly conduct.  During the period from 28 January 1966 to 30 April 1966, you participated in seven operations while serving in the Republic of Vietnam.  On 20 July 1966, you received NJP for two periods of UA totaling 14 days, and disobeying a lawful order.  During the period from 31 January 1967 to 22 November 1967, you were convicted by summary courts-martial (SCM) on three separate occasions.  The offenses included, nine days of UA, failure to go to your appointed place of duty, underage drinking, leaving your post before being properly relieved, wrongful appropriation of a Navy vehicle, and striking a Sailor in the head with your fist.  You remained on active duty and were discharged at the completion of your required service on 16 January 1968, with an under honorable conditions (i.e., general) characterization of service. 
 
Characterization of service is based in part on conduct marks assigned on a periodic basis.  Your conduct average was 3.3.  At the time of your service, a conduct average of 4.0 was required to be considered for a fully honorable characterization of service.    
The Board carefully weighed all potentially mitigating factors, such as your record of service, to include your Vietnam service, desire to have your characterization of service ungraded to honorable, and your assertion that you do not think there was an injustice, but hope the Board can see an improvement since your discharge, and consider your achievements.  The Board concluded these factors were not sufficient to warrant a change to your characterization of service given all of your misconduct, which result in three NJPs, three SCM convictions, and your failure to attain the required average in conduct to be considered for an honorable discharge.    
 
The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,