Docket No: 3662-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 9 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. 
  
You enlisted in the Marine Corps Reserve on 13 April 2016.  On 7 January 2019, you were notified of unsatisfactory participation by missing ten drills.  On 16 January 2019, you were placed in promotion restriction status for unsatisfactory participation.  On 16 May 2019, you were notified of administrative separation proceedings for Unsatisfactory Participation.  That same day, you waived counsel and administrative board.  On 5 September 2019, you were discharged with an Under Other than Honorable Conditions (OTH) discharge.   
 
You have requested an upgrade of your reentry code.  In your application, you stated that your discharge was significantly, if not completely, related to inconsistent available financial or transportation resources. You also asserted that your family members brought you to your duty station a number of times but were not consistently available to do so, and as a result, your unit became less confident in your ability to fulfill your contract. Finally, you asserted that the opportunity to leave the unit was offered and you accepted it.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code.  The Board also noted that you waived your rights with regard to administrative discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of 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,