Docket No:  5501-19 
Ref: Signature date 
  

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 6 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 7 August 2007.  On 3 January 2008, you left your unit on an unauthorized absence until civilian authorities apprehended you on 11 May 2008.  On 16 May 2008, you again left your unit on an unauthorized absence until civilian authorities apprehended you on 26 July 2008.  On 12 August 2008, charges were preferred against you for both unauthorized absences.  On13 August 2008, you requested administrative separation in lieu of trial (SILT) at a court-martial.  On 4 September 2008, the Convening Authority approved your request for a SILT and directed that you be separated with an OTH discharge.  You received an OTH discharge on 12 September 2008. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your reentry code so that you can reenlist in the military and your assertions that you were very immature, now have a family and are employed, volunteer for school activities, and are a current CCW holder.  The Board also considered your assertions that you have not had so much as a speeding ticket since you were 18 and considered your awards and decorations in the Marine Corps.  The Board noted you waived your rights to a court-martial.  By doing so, you gave up your first, and best, opportunity to force the government to find you guilty and for you to advocate for retention and a more favorable characterization.  The Board concluded these factors 
and assertions were not sufficient to warrant a change to your reentry code given your misconduct, which resulted in charges being referred to a special court-martial and your approved request for administrative separation in lieu of trial. 
 
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.