DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4431-21 
Ref: Signature Date 

Dear Petitioner: 

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 11 August 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 June 1972. During the period from 26 December 1972 to 2 August 1974, you received seven instances of non-judicial punishment (NJP) for failure to go to appointed place of duty, three specifications of unauthorized absence (UA) totaling 16 days, two specifications of disobeying a lawful order, two specifications of absence from appointed place of duty, and destruction of government property. On 12 September 1974, a summary court-martial (SCM) convicted you of disobeying a lawful order. On 26 September 1974, you received an additional NJP for disobeying a lawful order and disrespect toward a non­commissioned officer (NCO). On 12 December 1974, a second SCM convicted you of three specifications of UA totaling three days. On 6 July 1975, you were released from active duty with a general under honorable conditions characterization of service. 
 
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 contentions that you were wrongfully accused of leaving your post/dereliction of duty and your commanding officer (CO) was looking for a scapegoat. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted your contention that it has been 40 years since your discharge. The Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically due solely to the passage of time. Lastly, the Board noted your contention that you remained trouble free since discharge. The Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 

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 eight NJPs, two SCMs, and final marks in conduct, 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, 
8/28/2021