Docket No: 3333-20 
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 has been denied. 
 
Although you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 15 May 1995.  On 23 December 1995, you were released from active duty training.  On 24 December 1995, you transferred to a Reserve unit at Marine Corps Air Station () .  On 7 August 1999, you began unsatisfactory participation in the Ready Reserve.  On 20 February 2000, you responded to your commanding officer’s letter of 6 February 2000 which detailed how your command contacted you telephonically to explain that you could transfer to a unit closer to your home and the ramifications of an under other than honorable (OTH) discharge.  You responded that you were unable to attend your regularly scheduled drills, since the unit relocated after the closure of , due to distance and the fact that your driver’s license had been revoked.  Additionally, you wrote you got married and started a family, which made it necessary to change jobs and work weekends.  You indicated that you had moved and provided your new address.  Lastly, you apologized for not notifying the command of your hardships earlier. On 15 July 2000, administrative discharge action was initiated.  You signed for the administrative separation notification package, but did not return a signed Acknowledgment of Rights/Waiver.  At the time of your administrative separation notification you had 36 unexcused absences.  On 9 January 2001, you were discharged with an OTH characterization of service. A reentry code A narrative reason for separation. 
 
You request the Board upgrade your discharge to general (under honorable conditions).  You assert the characterization of service was unjust because your original contract identified that you would be stationed at .  While at  you volunteered to become a part of the flight crew, attended additional training, and participated in many events even when you were not obligated to report for duty.  You enjoyed being part of the flight operations.  When the squadron relocated, it was difficult to report and a hardship on your family.  You acknowledge that you did not finish your obligated term, but did not agree with the OTH discharge.  You claim you did not commit any violent or security offenses.  You state you knew you did not receive an honorable discharge, but did not realize you received an OTH discharge until you attempted to add Veteran Status to driver’s license. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  With respect to your contention that you were unaware that you received an OTH, the Board noted that your command attempted to assist you in relocating to a unit closer to your home and that you were advised in writing of the ramifications of an OTH discharge.  
 
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,