Docket No: 5050-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 6 July 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 enlisted in Marine Corps and began a period of active duty on 26 July 1977.  On 5 August 1977, you began an unauthorized absence.  On 1 December 1977, civilian authorities apprehended you and returned you to the Maine Corps.  On 6 January 1978, charges against you were referred to a Special Court-Martial.  On 11 January 1978, you consulted counsel and requested a Separation in Lieu of Trial (SILT).   On 18 January 1978, Commanding Officer, Recruit Training Regiment, recommended acceptance of the SILT and administrative separation with an Under Other than Honorable Conditions (OTH) discharge.  On 20 January 1978, the Staff Judge Advocate to the Convening Authority found the package legally sufficient.   On 24 January 1978, the Convening Authority accepted the SILT and directed you be administratively separated with an OTH.  You were discharged from the Marine Corps on 27 January 1978, with an OTH.   
 
You requested an upgrade to your discharge characterization from OTH to Honorable.  You stated that you were told that if you took an OTH, you would have the discharge upgraded in six months.  You later found out on the internet there is no automatic upgrade in six months.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors.  The Board also noted that you requested a SILT after consulting counsel and the Convening Authority approved your request.  The Board also noted there is no provision of law or in Navy regulations that allows for re-characterization of service 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 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,