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

                
Docket No: 6485-18 
Ref: Signature Date 
 
Dear  
 
This letter 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 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 August 2019.  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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 22 January 1986.  During the period from 22 July 1987 to 17 February 1988, you received three non-judicial punishments (NJP) for an unauthorized absences, false official statement, damaging government property and sleeping on post.  On 18 March 1988, in accordance with your pleas of guilty, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling nine days.  On 4 October 1988, you submitted a written request for separation in lieu of trial (SILT) to avoid trial by court-martial for four specifications of unauthorized absence, totaling 55 days, and six specifications of failure to go to your appointed place of duty.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned 
of the probable adverse consequences of accepting such a discharge.  Your request was granted and your commanding officer was directed to discharge you from the naval service with an other than honorable (OTH) characterization of service in lieu of trial by court-martial.  On 20 October 1988, 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 contention that you were “young and made some poor decisions.”  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which included three NJPs, a SPCM conviction, and subsequent discharge at your request in order to avoid a second trial by court-martial. 
 
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.