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

Docket No: 1978-19 
Date: Ref Signature 
 

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 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 11 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 June 1983.  On 27 December 1985, you were convicted at a special court-martial (SPCM) of two specifications of unauthorized absence (UA).  You went UA from 2 April 1986 to 6 April 1986.  You went on another period of UA from 16 June 1986 to 14 February 1987.  On 6 April 1987, you were discharged with an other than honorable (OTH) characterization of service by reason of separation in lieu of trail by court-martial (SILT). 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you regret your actions; at the time, you felt your mother’s health and your family came first; you still try to live your life as a Marine should by helping others and leading by example; you feel like an outsider with an OTH; and that even if you are granted an upgrade to the characterization of your service, you will still live with the shame.  The Board determined that your desire to upgrade your discharge and the other mitigating factors were insufficient to outweigh the significant misconduct you committed and your request for a SILT to avoid the prospect of a punitive discharge.  The Board, in its review, 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.