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

Docket No: 1405-19 
Ref: Signature Date 

Dear 

This is in reference to your application of 25 December 2018 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 2 April 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 reenlisted into the Marine Corps on 1 October 1988.  On 12 June 1992, you submitted a written request for separation in lieu of trial (SILT) by court-martial for wrongful use of cocaine.  Prior to submitting this request, you conferred with a qualified military lawyer at which time you were 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 and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Prior to the separation authority’s decision, on 30 July 1992, you submitted an addendum to your request for SILT, in which you admit that you are guilty of wrongful use of cocaine and you voluntarily request an administrative reduction in rank to Lance Corporal (E-3) if your request for SILT is approved.  Your request was granted and your commanding officer was directed to separate you with an OTH characterization of service for the good of the service.  Additionally, you were reduced in rank to the grade of E-3.  On 21 August 1992, pursuant to your request, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documents, your desire to upgrade your discharge and change your paygrade from E-3 to E-5.  The Board considered your statement, which included your contentions that you never received office hour’s or court-martial for the offense, and there was never a discussion about your rank from E-6 to E-3.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your drug related misconduct and subsequent discharge, at your request, to avoid trial by court-martial.
 
Regarding your contention that you never received office hours or court-martial, the Board noted you submitted a request for SILT and in that request, you admitted that you were guilty of wrongfully using cocaine.  As a result of your request, you avoided trial by court-martial.  Regarding your contention concerning your paygrade, the record reflects that you voluntarily requested an administrative reduction in rank to E-3.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge.
 
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,