DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 8482-18
Ref: Signature Date

Dear	:

This letter is in reference to your application of 12 September 2018 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 17 September 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

You enlisted in the Marine Corps Reserve on 22 November 1988.  According to the information in your record, you accumulated 28 unauthorized absence after joining the Marine Corps Reserve on 17 May 1989.  Your commanding officer (CO) mailed you a certified letter informing you that you were to be administratively separated for failure to participate in scheduled drills.  On 11 September 1991 you responded to that letter. You acknowledged that you were being recommended for separation with an under other than honorable characterization of service, elected to waive your right to counsel, and your right to an administrative discharge board (ADB). As a result of the forgoing, on 13 November 1991, it was directed that you received an other than honorable (OTH) discharge due to failure to participate in scheduled drills.

The Board carefully weighed all potentially mitigating factors, such your desire to change your characterization of service and contention that you were young and did not have transportation to attend drills.  However, the Board concluded that these factors were not sufficient to warrant relief given your failure to participate in scheduled drills.  Regarding your contention that you were young, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. Regarding your contentions that you did not have transportation to attend drills because your parents did not want you in the military, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board noted that you were notified of and waived your right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable 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,