DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3480-21 Ref: Signature Date Dear Petitioner: 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 02 August 2021. The names and votes of the panel members will be furnished upon request. Your request for clemency was 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 (USMC) and began a period of active duty on 14 June 1978. On 06 October 1978, message traffic from the Officer in Charge of Marine Corps Personnel, , , to the Commandant of the Marine Corps documented a request for orders and voiding of a Military Occupational Standards (MOS) code for you due to academic failure. On 11 November 1978, you were issued stragglers orders to , , and you signed an endorsement acknowledging these orders on 12 November 1978. On 15 November 1978, you failed to report to your new command. You eventually were declared a deserter. On 10 October 1979, you were issued reassignment orders. Unfortunately, you were in a deserter status. On 04 October 1985, as a result of your misconduct, you were notified of pending administrative separation by reason of misconduct based upon commission of a serious offense via certified mail. On 22 January 1986, your notification of rights was returned. You waived your right to consult with counsel, to submit written matters on your behalf, and to an Administrative Discharge Board hearing. On 18 June 1986, a staff judge advocate determined your case was sufficient in law and fact and you were discharged with an other than honorable characterization of service. You contend that you missed a connecting flight to via . You state you immediately worked with the USMC tenant command at , Air National Guard Base (ANGB) in , to get a replacement ticket but were told to stand-by and did so for three (3) months. After not hearing from the Marine Corps you gave up. You add that the Marines failed to provide you with a replacement ticket to get to your new duty station. The Board viewed your allegations with serious concern. However, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. 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 contentions noted above, and desire to upgrade your discharge. The Board further noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your 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 is attached 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, 8/18/2021 Executive Director