Docket No: 11264-19 
Ref: Signature date 
 
Dear : 
 
This is in reference to your application of 29 August 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 16 March 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 28 February 1978.  On 20 June 1980, you received non-judicial punishment (NJP) for unauthorized absence (UA), and misappropriation of government property.  On 23 October 1980, charges of UA, and disobeying the lawful order of an NCO were referred to a Special Court-Martial.  On 17 November 1980, you requested administrative separation in lieu of trial (SILT).  That same day, the staff judge advocate to the convening authority found your request sufficient in law and fact and recommended administrative separation with an under other than honorable (OTH) characterization of service.  On 20 November 1980, the separation authority approved the SILT and directed that you be separated with an OTH characterization of service.  On 21 November 1980, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that you didn’t get along with your CO and you made a deal that he would give you office hours for hitting him if you did illegal things.  The Board also considered your assertions your CO would give you no brig time, but only an administrative discharge.  Finally, the Board considered your assertions that you would like to qualify for VA loan and would like a wheelchair van. 
 
The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in one NJP and your request for a SILT.  You allege wrongdoing on the part of your CO.  You have provided no evidence and there is no evidence in your record of wrongdoing.  Absent such evidence, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith.  The Board noted your SILT request waived your rights to trial and an administrative board.  By doing so, you gave up your first, and best, opportunity to prove your innocence or to advocate for retention or a more favorable 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 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.