Docket No: 2250-21 
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 12 May 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 29 January 1976.  On 13 January 1977, you received non-judicial punishment (NJP) for wrongful possession of a marijuana.  On 11 August 1978, a special court-martial (SPCM) convicted you of unauthorized absence (UA) totaling 47 days.  During the period from 25 September 1978 to 9 February 1979, you received three NJPs for stealing from the Marine Corps Exchange, failure to be at your appointed place of duty, disrespect to a superior commissioned officer, and disobeying a lawful order from a non-commission officer.  On 3 May 1979, you were released from active duty with a general under honorable conditions 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 contentions that you were denied leave unjustly for a family emergency; and since discharge, you served as a 
volunteer on the local Honor Flight Program, for the Honor Guard, you serve as the Commander of the local American Legion, and became a member of Disabled American Veterans. 
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contention regarding the denial of your emergency leave.  The Board also commended your post service conduct.  However, 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 your four NJPs, SPCM conviction, and final marks of 2.8 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,    
5/20/2021
Executive Director