Docket No: 5276-19 
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 that 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 8 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 13 May 1991.  On 11 April 1997, you were convicted by summary court-martial (SCM) of an unauthorized absence for the period from 6 March 1997 to 27 March 1997 and two specifications of assault.  Subsequently, you were notified of an administrative action to separate you from the naval service because of misconduct due to commission of a serious offense.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to commission of a serious offense.  On 9 May 1997, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were informed by your lawyer that your discharge was a voluntary administrative separation and that six months after your discharge it should automatically change to honorable.  Regarding your contention that your characterization of service would automatically upgrade, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP, and a SCM conviction.  Accordingly, in view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
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,