Docket No: 2551-20
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 was denied.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 9 November 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, and applicable statutes, regulations, and policies. 
  
You enlisted in the Marine Corps Reserve and completed a period of active duty training from 24 March 1998 to 2 February 1999.  You continued to serve in the reserve component, and on 21 March 2000, you were notified of a pending demotion to Private First Class (PFC) for Unsatisfactory Participation.  You were demoted to PFC on 21 Apr 2000, and demoted to Private on 17 Jul 2000.  Subsequently, administrative separation action by reason of Unsatisfactory Participation was initiated against you.  A Letter of Notification (LON) was mailed to you by certified mail to your last known address and was delivered on 11 Apr 2000.  A response to the LON was never received by your command.  On 13 May 2000, Officer-in-Charge-/Inspector-Instructor, Detachment 1, recommended you be administratively separated from the Marine Corps under Other than Honorable (OTH) conditions.  On 16 November 2000 and 11 December 2000, Commanding Officer (CO), 4th p, also recommended approval of your administrative separation respectively.  On 5 March 2001, you were discharged with an OTH characterization of service.   
 
You requested an upgrade of your discharge to General.  You asserted you served proudly in the United States Marines Corps Reserve and was the epitome of a proud, honorable Marine.  You asserted the OTH discharge resulted from arguments you had with your commanding officer over a signing bonus you never received.  You asserted you were upset that the bonus money was not paid and refused to show up for drill until it was.  You also asserted you were struggling financially, and the resulting stress caused me to take on Post-Traumatic Stress Disorder symptoms and irrational behavior.  You admitted you were immature and you regret your actions.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your multiple unexcused absences, which resulted in administrative separation for Unsatisfactory Participation.  The Board noted that you waived your rights with regard to discharge proceedings by not responding.  By doing so, you waived 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 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,