Docket No: 3124-21 
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 28 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 Marine Corps (USMC) and began a period of active duty on 1 December 1952.  On 21 March 1953, you were a student assigned to the USMC Drill Instructor School.  From a period beginning on 18 May 1953 to 9 April 1954, you served as a USMC Drill Instructor at .  From a period beginning on 10 April 1954 to 6 March 1955, you were deployed to Korea and served as a military policeman and a criminal investigator for the Criminal Investigation Division (CID).  On 6 March 1955, you returned from Korea.  From a period beginning on 26 March 1955 to 5 May 1955, you served as a military policeman.  On 11 April 1955, you were credited with military occupational specialty (MOS) 0311 Rifleman and additional MOS 8511 Drill Instructor.  On 30 November 1955, 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 served as a military policemen and a criminal investigator during the Korean conflict.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that, although you served as a military policeman and investigator during your enlistment, there was no evidence in your records indicating that you completed schooling required to attain the MOS 5811-Military Police designation.  The Board noted you did submit photos and your CID identification card 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, 
 
6/15/2021
Executive Director