Docket No: 1878-20
Ref: Signature Date              
 
               
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 25 November 2020.  The names and votes of the panel members 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 the 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, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps Reserve and began a period of active duty for training on 14 January 1992.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 15 August 1992, and transferred to the Marine Corps Reserve.  On 6 June 1993, you were informed by your commanding officer (CO) that you had been declared an unsatisfactory participant in the Selected Marine Corps Reserve by virtue of nine unexcused absences from drill.  Subsequently, you were notified via certified mail that the CO intended to recommend you for administrative separation by reason of unsatisfactory participation in the Selected Marine Reserve as evidenced by 17 unexcused absences from regularly scheduled drills.  However, the letter of notification was returned undeliverable, thus resulting in the waiver your procedural rights.  Your CO then forwarded you package to the Separation Authority recommending administrative discharge from the Marine Corps Reserve with an other than honorable (OTH) characterization of service by reason of unsatisfactory participation in the Selected Marine Corps Reserve, which the SA approved.  On 8 February 1994, you were separated for the Marine Corps Reserve. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention that when you enlisted, you were in the quality enlistment, delayed entry program; and you were supposed to go into the regular Marine Corps.  Because your Military Operational Specialty (MOS) was not available, you were put into the reserves for which you did not sign up.  Since your MOS was not available, you offered to have a dual MOS so that you could go into the regular Marine Corps, but you were denied.  You assert that you could not afford to leave your civilian job for two weeks of reserve duty.  You further state that you have won many recognitions and awards.  You wanted to be a Marine, but since there were military cuts, the opportunity was not available to you.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that relief is not warranted given your unsatisfactory participation in the reserves.
 
The Board noted that it relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary will presume that they have properly discharged their official duties.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon 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,