Docket No: 3432-19  
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, sitting in executive session, considered your application on 21 May 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 May 1973.  From the period beginning on 5 October 1973 to 9 May 1975, you received non-judicial punishment (NJP) on four occasions for the following offenses: four specifications of unauthorized absence and two specifications of willful disobedience of a lawful order.  On 24 May 1975, you were counseled regarding your misconduct.  You received NJP on 27 May 1975 for two specifications of failure to obey a lawful order and two specifications of breaking restriction.  On 31 July 1975, you received NJP for UA.  On 8 October 1975, you were notified that you were not recommended for reenlistment due to numerous NJPs and low area aptitude test scores.  From the period beginning on 21 November 1975 to 13 July 1976, you received NJP on four occasions for the following offense: two specifications of UA, sleeping on your post, and failure to report to your appointed place of duty.  On 27 May 1977, you were discharged with a general characterization of service and transferred to the Marine Corps Reserves. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were informed that your character of service would be changed to an honorable discharge, and that it is hard to find work.  Characterization of 
service refers to the quality of an individual’s military service.  A general characterization is awarded when significant negative aspects of the member’s conduct or performance outweigh positive aspects of their conduct or performance.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board in its review determined that you were assigned the appropriate characterization of service.   
 
Regarding your contention that you were told your OTH discharge would be upgraded to honorable, the Board noted that there is no provision in law or regulations that allows for the automatic re-characterization of a discharge solely due to the passage of time.  Similarly, the Board does not upgrade discharges in order to improve employment opportunities. 
 
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, 
  6/20/2020