DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2397-21 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 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 30 July 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, 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 8 June 1979. From a period beginning on 18 January 1980 to 20 May 1980, you received nonjudicial punishment (NJP) in three occasions for the following offenses: unauthorized absence (UA) for a period of three-days, absence from your appointed place of duty, failure to address a noncommissioned officer (NCO) by his grade, disobedience of an officer’s order, disobedience of a senior NCO and a lance corporal to stand watch, and sleeping on duty. On 17 August 1980, you began a second period of UA which lasted one-day. On 1 October 1980, you began a third period of UA, which lasted two hundred and eighty seven days. On 31 July 1981, you submitted a request for discharge in lieu of trial by special court-martial. On 7 August 1981, your separation proceedings were determined to be sufficient in law and fact. On 11 August 1981 your request for discharge was approved. On 17 September 1981, you were discharged with an other than honorable (OTH) discharge 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 contention that you were mistreated and allowed to enlist in the Marine Corps without a high school diploma, and your contentions that: (a) you were humiliated at boot camp after you admitted to being a conscientious objector; and (b) you were battered and tortured. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs, outweighed these mitigating factors. The Board noted you did not submit any documentation or advocacy letters to be considered. 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 the 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, 8/24/2021 Executive Director