Docket No: 4833-20 
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 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 4 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 on 15 June 1993.  According to the information in your record, on 23 May 1993, you acknowledged and signed the selected Marine Corps Reserve drill obligation statement of understanding.  During the period from 8 November 1994 to 30 May 1997, you missed 11 scheduled drills totaling 22 unexcused absences.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that 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.  You failed to respond to the notification letter, which resulted in a waiver of your rights.  As a result, it was directed that you receive an other than honorable (OTH) discharge due to failure to participate in scheduled drills. On 7 December 1998, you were discharged.  The Board relies on a presumption of regularity to support the official actions of public officials and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps Reserve. 

The Board carefully weighed all potentially mitigating factors, such your desire to change your characterization of service and your contention that the base where you were attending drill closed and your drilling site was changed to a location three hours away.  The Board also noted your contentions that while on active duty, your performance was exemplary, you received several awards, and completed two MOS training programs.  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 the base where you were attending drill closed and your drilling site was changed to a location three hours away, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of, and waived your right to, present your case to an ADB by not responding to your CO’s certified letter.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Regarding your contentions that while on active duty, your performance was exemplary, you received several awards, and completed two MOS training programs, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current period of enlistment. 
   
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,