Docket No: 6201-19 
Date: Ref Signature 
 
Dear : 
 
This is in reference to your application of 11 February 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 19 August 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, 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 11 April 1989.  On 18 September 1989, you were counseled regarding your misconduct, and you were notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 19 September 1989, you received non-judicial punishment (NJP) for unauthorized absence (UA), and willfully disobeying a lawful order.  On 6 February 1990, you were convicted at a special court martial (SPCM) for two specifications of UA, and wrongful appropriation of a vehicle in excess of $100.  You again went on period of UA from 16 February 1990 to 3 April 1990.  On 16 April 1990, you submitted a hand written request for discharge for the good of the service to avoid trial by court-martial for further misconduct.  On 18 April 1990, you submitted a second request for discharge for the good of the service to avoid trial by court-martial for further misconduct.  On 19 April 1990, your request for discharge for the good of the service to avoid trial by court-martial was determined to be sufficient in law and fact.  On 23 April 1990, the discharge authority approved and directed your discharge.  On 9 May 1990, you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 
 
The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your discharge and contention that you did not receive a (second) court martial conviction.  You contend, your current characterization of OTH precludes you from adding a “V” to your driver’s license to reflect your military service.  The Board noted that in requesting a discharge for the good of the service in lieu of trial by court-martial, you would have been required to meet with a military defense counsel and to admit that you were guilty of the misconduct alleged.  The Board noted you received a benefit from being allowed to separate with an undesirable characterization of service instead of risking greater punishment at a court-martial.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
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,