Docket No: 5172-20 
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, sitting in executive session, considered your application on 30 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 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. 
 
You enlisted in the Navy Reserve and began a period of active duty for training on 11 December 1990.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 17 May 1991.  On 28 March 1992, your commanding officer (CO) informed you that your drilling performance had been unsatisfactory to date; however, due to administrative irregularities your drilling status was being reestablished On 4 April 1992, you were referred to a professional development board due to your failure to advance to the paygrade of E-3 after 18 months or more.  The Board determined you were an unsatisfactory participant in drills.  On 20 December 1992, you received an administrative counseling concerning your deficiencies in your performance and conduct, specifically, your frequent unexcused absences from drill, failure to follow proper procedures when unable to attend drills, and failure to report to your assigned training.  You were provided recommendations for corrective action and advised that failure to undertake the recommended corrective actions may result in disciplinary charges or administrative discharge from the naval service.      
 
Based on the information contained in your record it appears you accumulated 38 unexcused absences from reserve drill.  Subsequently, you were notified via certified mail that the commanding officer intended to recommend you for administrative separation action by reason of failure to participate in reserve training.  The record reflects that you were in receipt of the notification but failed to acknowledge the contents.  In the event of your failure to acknowledge the contents of the official certified mail, the administrative separation process continued.  The commanding officer recommended you receive an other than honorable (OTH) discharge by reason of unsatisfactory participation in the ready reserve, which the separation authority approved.  On 18 August 1993, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and change your paygrade to E-3 or E-4 for loss time due to the forced departure.  The Board considered your contentions that: (a) your active duty record of service shows that you were an honorable service member; (b) you have “led battalions and even served as a Master-At-Arms;” (c) there is no indicator of anything other than honorable service until you were released to your "multiple" reserve unit locations; and (d) the history of mixed service stations, travel to locations outside of the then 35 mile radius and errors in muster reporting all contributed to an unjust ruling on your behalf.  After careful consideration, 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. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  You are entitled to have the Board reconsider its decision upon the 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,