Docket No: 2773-21 
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 26 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 7 June 1966.  On 7 November 1967, you received non-judicial punishment (NJP) for failure to go to appointed place of duty.  On 13 January 1969, a general court-martial (GCM) convicted you of two specifications of wrongful possession of 172 marijuana cigarettes.  You were sentenced to forfeiture of pay, confinement for five years, reduction to E-1 and a bad conduct discharge (BCD).  After the BCD was approved at all levels, on 9 December 1969, 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 desire to upgrade your discharge and contentions that your discharge was too severe, your command wanted to make an example out of you, and the laws have changed regarding possession of marijuana.    
 
Regarding your contention that your discharge was too severe, the Board noted that your punishment was a direct result of your actions, which resulted in NJP and GCM conviction.  Regarding your contention that your command wanted to make an example out of you, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Finally, regarding your contention that the laws have changed regarding possession of marijuana, the Board noted that marijuana use/possession in the military is illegal and there are no laws or provisions, which state otherwise. 
 
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 NJP and GCM conviction, 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, 
 
                                                                               6/3/2021
									       Executive Director