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 18 December 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 and began a period of active duty on 5 May 1987.  You were counseled on 11 March 1988 for an alcohol-related incident.  On 28 April 1988, you received non-judicial punishment (NJP) for drunk and disorderly.  On 2 June 1988, you received NJP for resisting apprehension and drunk and disorderly.  From the period beginning on 20 June 1988 to 19 April 1989 you were counseled on three occasions.  On 19 April 1989, you consulted counsel, and submitted a request for discharge in lieu of trail by court-martial for the following charges: failure to go to appointed place of duty at the prescribed time, two specifications of willfully disobeying a lawful order, assault, resisting apprehension, wrongful use of marijuana, wrongful use of provoking words, and drunk and disorderly.  On 30 May 1989, your request for discharge in lieu of trial by court-martial was approved, and you were discharged on 14 April 1989. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were informed your discharge would be automatically upgraded after six months, and your current characterization of service bars you from receiving VA benefits.  You are advised that there is no provision in law or regulations that allows for automatic recharacterization after six months or due solely to the passage of time.  
Further, there is no requirement or law that grants recharacterization solely to obtain veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  You should contact the nearest office of the VA concerning your right to apply for benefits.  The Board, in its review, discerned no error or injustice in the discharge. 
 
Following the review of your naval record, an administrative error was identified on your Certificate of Release or Discharge from Active Duty (DD Form 214).  Any changes necessary to your naval record will be made by the Commandant of the Marine Corps, Records and Performance Branch (MMRP), . 
 
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.