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

Docket No: 2474-21 
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 23 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, 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 26 November 1973. On 11 November 1974, you received nonjudicial punishment (NJP) for disobeying a lawful order. On 30 January 1976, you were counseled for possible administrative separation from service. On 16 February 1976, you were processed for administrative separation. On 10 March 1976, your administrative discharge proceedings were disapproved. On 2 May 1976, you received a second NJP for being incapacitated for the proper performance of duties. On 3 May 1976, you began a period of unauthorized absence (UA) which lasted eight-days. On 20 May 1976, you were convicted by summary court-martial (SCM) for UA from appointed place of duty, disobeying a lawful order, and disrespect towards a noncommissioned officer. On 21 May 1976, you were counseled for UCMJ infractions and poor conduct. You were advised that failure to take corrective action may result in the initiation of an undesirable discharge. On 26 July 1976, you received a third NJP for disrespect towards a commissioned officer, disrespectful in language towards a sailor, and disobeying a lawful order. On 2 August 1976, you began a second period of UA which lasted seven-hours and twenty-minutes. On 4 August 1976, you received a fourth NJP for UA. On 28 November 1976, you were notified of the initiation of administrative separation proceedings by reason of frequent involvement with military authorities. On 13 December 1976, you received a fifth NJP for disobeying lawful order, drunk and disorderly conduct, assault, and communicating a threat. On the same date, you began a third period of UA which lasted twenty-three days. On 5 January 1977, you were placed in pretrial confinement awaiting trial by special court-martial (SPCM). On 15 January 1977, you began fourth period of UA which lasted twenty-six days. On 11 February 1977, you began a fifth period of UA which lasted five-days. On 22 February 1977, you elected to waive all your procedural rights. On the same date, you commanding officer recommended an other than honorable (OTH) discharge by reason of misconduct due to frequent involvement. On 10 March 1977, your discharge proceedings were determined to be sufficient in law and fact. On 25 March 1977, the discharge authority ordered an OTH discharge by reason of misconduct due to frequent involvement. On 4 April 1977, 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 contention that you were young and immature man who was suffering from a medical condition. 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, SCMs, and SPCM recommendation, outweighed these mitigating factors. The Board noted you did submit documentation on Attention-Deficit/Hyperactivity Disorder (ADHD) in children 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, 
5/27/2021 

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