Docket No: 11379-19 
Ref: Signature date 



This is in reference to your application of 25 November 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 April 2020.  The names and votes of the members of the panel 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 this 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. 

You enlisted in the Marine Corps and began a period of active duty on 3 January 1985.  On 16 October 1990, five charges and ten specifications were preferred against you.  On 22 October 1990, you requested Separation in Lieu of Trial (SILT).  On 30 October 1990, your defense counsel submitted a memo in support of your SILT request.  On 1 November 199l, the convening authority approved the SILT and directed you be discharged with an other than honorable (OTH) characterization of service.  On 26 December 1990, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that your discharge was inequitable because it was based on an isolated incident.  The Board also considered your assertions that your ex-wife and a friend stole some Marines’ credit card information and used that information to buy items.  Finally, the Board considered your assertions that the military held you responsible for your wife’s actions, you didn’t understand everything at the time, and the military was in a major cutback.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in your request for a SILT which included an admission of guilt.  The Board noted your SILT request waived your procedural rights in connection with both the court-martial and any administrative separation.  

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.