Docket No: 5161-20 
Ref: Signature Date 
 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 2 December 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 began a period of active duty for training on 26 March 1997.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 19 July 1997.  Thereafter, based on the information contained in your record, on 22 February 1998, you received an administrative remarks (Page 11) counseling concerning deficiencies in your performance, specifically, an unauthorized absence from scheduled drill.  Although your administrative separation documentation is not in your service record, on 15 October 1998, the separation authority directed your administrative discharge from the naval service with an other than honorable (OTH) characterization of service by reason of failure to participate for failing to participate in drills, noting that you waived your right to an administrative discharge board.  On 4 November 1998, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contentions that you were “done wrong;” your company commander did not like “rednecks in his company;” you followed the proper chain of command; you were a good Marine; and because of your background of “being a redneck from ” you were fired out.   
 
After careful consideration of your contentions, the Board concluded that these factors were not sufficient to warrant relief given your unsatisfactory participation in the reserves.  After a thorough review of the facts and circumstances unique to your case, the Board discerned no material error or injustice in your discharge. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
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,