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

Docket No: 11730-19 
Date: Ref Signature 

Dear

This is in reference to your application of 5 June 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 22 January 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, as well as applicable statutes, regulations, and policies
 
You enlisted in the Marine Corps and began a period of active duty on 27 December 1985.  On 23 June 1986, you received non-judicial punishment (NJP) for failure to obey a lawful order. You went on a period of unauthorized absence (UA) from 5 September 1986 to 24 November 1986.  As a result of the foregoing, you submitted a request for discharge in lieu of trail by court-martial.  In your request, you note that you were advised by counsel and that you were aware that you would be discharged with an other than honorable characterization of service. On 29 January 1987, your request for discharge in lieu of trial by court-martial was approved, and you were discharged on 24 February 1987 with an other than honorable (OTH) characterization of service.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention you were AWOL for 83 days.  The Board determined that your desire to upgrade your discharge was not enough to outweigh the significant misconduct you committed.  

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. 

Sincerely,