DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2454-21 
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 17 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, 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 U.S. Marine Corps and began a period of active duty on 5 March 1974. From 4 October 1974 to 26 July 1976, you absented yourself from your unit on nine separate occasions until you either surrendered to your command or were returned to military authorities. Your unauthorized absence (UA) resulted in you receiving non-judicial punishment five times and a Summary Court-Martial (SCM) conviction for being in a UA status, along with an additional violation of failing to obey a lawful order. The SCM, held on 26 July 1976, resulted in you being sentenced to confinement with hard labor for 30 days, forfeitures of $150.00 pay per month for 1 month, and reduction to E-1. As a result of your repeated misconduct, on 26 August 1976, you were notified of pending administrative separation by reason of misconduct, which included your commanding officer’s intent to recommend to the discharge authority that you be discharged with an undesirable characterization of service. You elected to submit matters on your behalf. On 30 September 1976, you submitted a statement to the discharge authority requesting a “good” discharge. On 7 December 1976, the Staff Judge Advocate determined your proceedings to be sufficient in law and fact. On 13 December 1976, the discharge authority directed your discharge by reason of misconduct with an appropriate characterization of service. On 20 December 1976, you were discharged with an other than honorable characterization of service. 

The Board carefully reviewed your application and 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 characterization of service based on your contentions that prior to your error in judgement, you served honorably, and since your discharge, you have tried to learn from your mistakes. The Board noted the character letter submitted on your behalf by your      House-Supportive Services for Veteran Families Program Case Manager to be considered for clemency purposes, and commended you on your desire to improve your well-being, post-service. However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct 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 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, 
5/25/2021 

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