Docket No: 1928-20 
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 the entire record, the Board for Correction of Naval Records (Board) found 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 October 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 2 November 1998.  June 2000, you submitted a written request for separation in lieu of trial (SILT) by court-martial for disobeying a lawful order, wrongful use of a controlled substance and wrongful solicitation.  Prior to submitting this request, you conferred with a military lawyer at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt to the foregoing charges and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted, and your commanding officer was directed to discharge you by reason of separation in lieu of trial, with an OTH characterization of service.  On 28 July 2000, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertions that at the time of your discharge, you were young and impressionable; you got into trouble, and you did not make good choices as far as friends go.  In the ensuing years after your discharge, you have lived a good honest life, and you are trying to better yourself.  Further, you assert that you regret the decisions you made almost twenty years ago, and appeal to the Board to allow you to recover your self-esteem and go on with a better future.       
 
The Board noted you did not provide any documentation or advocacy letters in support of your request for an upgrade of your characterization of service.  Unfortunately, after careful consideration of your assertion, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your discharge at your request in order to avoid trial by court-martial, warranted an OTH characterization of service.    
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 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,