Docket No: 5096-20
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 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  
20 December 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 Navy Reserve on 3 December 2003.  According to the information in your record, you signed a Satisfactory Participation Requirement/Record of Unexcused Absences (NAVPERS 1570) acknowledging you understood the requirement for satisfactory participation as a Navy Reservists.  On 11 May 2005, your commanding officer (CO) noted on your NAVPERS 1570 that you accumulated 12 consecutive unexcused absences during the period from February 2005 to April 2005.  On 13 May 2005, your CO mailed a certified letter of notification of separation processing to your last known address, which was returned without receipt on 17 May 2005, resulting in a waiver of your rights.  As a result, your CO forwarded your package to the Separation Authority (SA) recommending your discharge with a general, under honorable condition characterization of service due to failure to participate in scheduled drills.  The recommendation was approved, and you were discharged effective 20 June 2005, with a general, under honorable conditions characterization of service, and an RE-4 reenlistment code.   
 
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 characterization of service and your RE-4 reenlistment code, and contention that when you reported back to Lemoore Naval Air Station after Boot Camp, you were told you did not have to show up to drill.  The Board also noted your contention that since discharge, you have received a Master’s Degree, remained drug free, worked for the Department of Defense, and contributed to the community.  However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention that you were told you did not have to show up for drill. 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,