Docket No: 10656-18 
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 19 November 2019.  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 on 17 October 1974.  During the period from 13 December 1974 to 17 August 1977, you received four non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling 59 days, two specifications of sleeping on post and not taking charge of your post.  On 19 April 1978, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for UA totaling 216 days.  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.  Your request was granted and your commanding officer (CO) was directed to discharge you with an other than honorable (OTH) characterization for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 18 May 1978, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were told that your OTH discharge would turn to honorable after six months.  However, the Board found that these factors were not sufficient to warrant relief in your case given your misconduct and request for a GOS discharge in lieu of a trial by court-martial. 
 
In regard to your contention that you were told that your OTH discharge would turn to honorable after six months, the Board noted that there is no provision in law or regulation that allows for re-characterization of a discharge automatically after six months, due solely to the passage of time. 
 
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.