Docket No: 2348-20 
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 was 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 9 November 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 29 August 1988.  On 2 May 1989, you began an unauthorized absence that lasted until 5 October 1990.  After your return, you were charged with being absent without authority.  On 14 December 1990, you consulted counsel and requested a Separation in Lieu of Trial (SILT) by Court-Martial.  Your Battalion Commanding Officer (CO) and Regiment CO both recommended acceptance of your SILT request.  On 17 January 1991, the Staff Judge Advocate to the Convening Authority found your SILT request legally sufficient.  On 25 January 1991, the Convening Authority approved your SILT and directed an Other than Honorable (OTH) discharge.  On 7 February 1991, you were discharged. 
 
You requested an upgrade of your discharge to General.  You asserted you took full responsibility for the fact that you left your fellow Marines while away without leave (AWOL) for nearly 18-months.  In addition you asserted that you regretted the decision in 1989, and it has weighed on your consciousness.  You asserted you entered the Marine Corps from an emotionally and physically abusive childhood and sought to elevate yourself.  In addition, you asserted you had problems with junior enlisted leadership when you needed to help your grandmother.  You also asserted that you went to a Gunnery Sergeant and the Chaplain, but they told you that you were just having a difficult time.  In addition, you asserted you went AWOL to , , and remained there with your family until you surrendered.  Finally, you asserted you returned to , and worked as a fireman for 17 years, ultimately retiring as a Lieutenant.   
 
The Board considered your contentions, but ultimately concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your AWOL and approval of a requested SILT.  The Board also noted that by requesting a SILT, you waived your procedural rights in connection with your court-martial and 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 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,