Docket No: 8980-19 
Ref: Signature Date 

Dear  
 
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 2 October 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, policies. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 4 December 1972.  On 12 March 1973, you received nonjudicial punishment (NJP) for disobeying an order by smoking without permission.  On 25 March 1973, you received a second NJP for an unauthorized absence (UA) which lasted half a day.  On 3 October 1973, you received a third NJP for being UA from your appointed place of duty on two occasions.  On 19 October 1973, you received a fourth NJP for breaking restriction on two occasions.  On 9 January 1974, you received a fifth NJP for possession of marijuana and a two-day UA.  On 25 April 1974, you were convicted by special court-martial for larceny of a Panasonic tape player and breaking restriction.  You were sentenced to confinement, forfeiture, and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 11 October 1974, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your contention that you have served your punishment and “equity and justice, both, demand reconsideration.”  Specifically, you contend that over 45 years has passed since your SPCM and much of your active duty service was during  and honorable.  You further contend that the misconduct that led to your SPCM was “relatively minor and in a civilian court would have been misdemeanors” so you should not have the “burden of carrying such a stigma” your entire adult life for “two relatively small unthinking acts in my youth.”  The Board also considered your contention that you “never hurt anyone” and did your “duty at a time when others refused, absconded, and deserted.”  Additionally, the Board considered your remorse and your regret that you didn’t beg “for one more chance to become a man.”  Lastly, the Board considered your contention that “no one told me that I was cutting my throat for life…Maybe, if you are born rich, you can take an OTH…but an uneducated, young black man in 1974 has to push too much uphill to make it happen.  I cut my own throat, but not in isolation.  This action has haunted me my entire adult life and to some extent because of it I have never received a fair shake.” The Board considered your personal statement explaining your time in service.  The Board noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board, even applying liberal consideration, did not find evidence of an error or injustice that warrants clemency or changing your BCD. 
 
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,