DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 0403-21              
Ref: Signature Date 



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 applicationon 17 February 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 19 December 1979.  

During the period from 26 June 1980 to 18 September 1981, you received non-judicial punishment (NJP) on four occasions. The offenses included, sleeping on post, two specifications of disobeying a lawful order from a non­commissioned officer, and failure to go to your appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities. After you waived your rights, your commanding officer forwarded your package to the separation authority recommending your discharge with an other than honorable (OTH) characterization of service, by reason of misconduct due to frequent involvement with military authorities. The discharge authority approved the recommendation, and on 5 February 1982, 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 theWilkie Memo. These included, but were not limited to, your contention that the discharge you originally received stated “General, under honorable conditions,” however, when you requested a subsequent copy of your Certificate of Release or Discharge from Active Duty (DD Form 214) in 2019, you assert that “the type of discharge was Bad Conduct, Other than Honorable.” As such, you request to have your DD214 changed to “General, under honorable conditions.” The Board noted that the record contains documented evidence, which is contrary to your contention. A review of your record clearly shows that on 5 February 1982, you were discharged with an OTH characterization of service due to frequent involvement with military authorities. TheBoard also notedthat there is no evidence in your record, and you submitted none, to support your contention that you were discharged with General, under honorable conditions characterization of service. 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 four NJPs, 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, 

Executive Director