Docket No: 1394-21 
Ref: Signature Date 

                
Dear  
 
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 7 April 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 Reserve on 16 January 1975.  On 10 September 1976, as a result of your unsatisfactory participation in your reserve training you were involuntary activated for active duty. During the period from 23 December 1976 to 26 April 1977, you received three separate instances of non-judicial punishment (NJP).  Your offenses were failure to obey a lawful order from a noncommissioned officer, failure to obey a lawful order from a commissioned officer, disrespect in language toward a commissioned officer and consuming alcohol while in the building.  On 15 June 1977, you were convicted by summary court-martial (SCM) of willfully disobeying a commissioned officer, disrespect toward a commissioned officer and wrongful possession of approximately 13.3 grams of marijuana.  Although, the documents pertinent to your release from active duty were not currently available in your record, the record does reflect on 5 January 1978, you were issued a Certificate of Release or Discharge from Active Duty that listed your reason for separation as “Void Enlistment.” 
 
On 3 July 1980, the Board reviewed your request to correct your naval record to show a more favorable characterization of service.  You were granted relief in the form of changing your character of service to general (under honorable conditions). 
 
The Board noted characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis.  Your conduct average was 3.1. At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service. 
 
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 and contention that your discharge was inequitable because it was based on an isolated incident. 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, SCM conviction and failure to attain the required average in conduct, 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, 

4/30/2021
Executive Director