Docket No: 2656-21 
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 19 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 and began a period of active duty on 18 April 1994.  On 18 March 1997, you were convicted by special court-martial (SPCM) of conspiracy to commit larceny, two specifications of larceny, and two specifications of housebreaking.  As punishment, you were awarded confinement, reduction in rank, forfeiture of pay and a bad conduct discharge (BCD).  As punishment, you were awarded confinement, forfeiture of pay and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 11 May 1998.      
 
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 your assertions that: 

(a) as a Marine and military police, you were good at your job, made one serious, poor choice and were punished harshly for it, as well as issued a BCD; (b) before that choice, and after, you were an upstanding Marine with no blurs on your record; (c) since leaving the Marine Corps, you have been a police officer and you are now in training to be a nurse; and (d) you have been a good, contributing member of society and feel that the good you have done in your life should outweigh the one poor choice you made. 
 
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 SPCM conviction and subsequent BCD, outweighed these mitigating factors.  Additionally, there is no precedent within this Board’s review, for minimizing the “isolated incident.” As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  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, 

6/7/2021
Executive Director