Docket No: Ref: Signature date Dear This letter 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 you did not file your application 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 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on . On , you began a period of unauthorized absence (UA) that continued until you were apprehended on . You again went UA on that continued until you were apprehended on . You requested a discharge under other than honorable conditions for the good of the service (GOS) to avoid trial by court-martial. Subsequently, your request for discharge was granted and, on, you received an other than honorable discharge. In your application, you explained that you were told by a judge advocate general (JAG) attorney that any time after 6 months you could have your discharge changed to honorable. The Board carefully weighed all potentially mitigating factors, such as your record of service and contention. The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct and your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved. With regard to your contention, there is no provision of law or in Navy regulations that allows for recharacterization 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. 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.