Docket No: 1412-21 
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 and began a period of active duty on 25 August 1969.  On 9 September 1970, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence totaling 87 days.  On 10 August 1972 and 31 October 1972, you received non-judicial punishment (NJP).  Your offenses were failure to go at the time to your appointed place of duty on three occasions and an unauthorized absence.  Subsequently, on 12 December 1972, you were discharged from the Marine Corps with a general (under honorable conditions) character of service and transferred to the Marine Corps Reserve (USMCR).   
 
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 your contentions that you were led to believe that your discharge character of service was going to be upgraded automatically.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by two NJPs and SPCM conviction, outweighed these mitigating factors.  About your contention, there is no provision of law or in naval regulations that allows for recharacterization of service due solely to the passage of time.  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, 
4/27/2021
Executive Director