Docket No: 1481-21 
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 on 14 February 1974.  On 6 February 1975, a special court-martial (SPCM) convicted you of two specifications of unauthorized absence totaling 171 days, and assault.  You were sentenced to confinement for 90 days, forfeiture of pay, and a bad conduct discharge (BCD).  On 24 March 1975, the Convening Authority (CA) suspended your sentence for 12 months.  However, on 15 April 1975, you went into a UA status for 90 days.  As a result, the Commanding General directed immediate execution of your BCD.  On 10 October 1975, you were discharged.   
 
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 request to remove your assault charge, change your authority and reason for separation, change the type of your discharge certificate, change your RE-4 reenlistment code, and change the highest level of education completed on your Certificate of Discharge or Release from Active Duty (DD Form 214). 
  
The Board also noted your contention that you did not commit assault, and your assertion that you did a good job and got along well with other Marines.  You further contend that you had no counsel or representation while everything was being explained to you.   
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted that your contentions were not persuasive and determined that your misconduct, as evidenced by your SPCM conviction and having your suspended sentence vacated, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
With regard to your request to correct the highest education level completed on your DD Form 214, the Board advises that you to contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), 3280 Russell Road, Quantico, VA 22134-5103 to request administrative corrections to block 20 (highest education level completed) be made on your DD Form 214. 
 
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, 
4/16/2021
Executive Director