Docket No. 5189-20
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 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 15 October 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.   
 
A review of your record shows that you entered service with the Navy Reserve in June 2013.  After completing your initial active duty commitment, you commenced drilling with your Reserve unit without incident until December 2015.  Starting in December 2015, you missed four drills without excuse which led to notification of administrative separation processing for unsatisfactory participation on 3 February 2016.  Subsequently, you had two additional unexcused absences from drill that month.  Your discharge was approved by Commander, Navy Personnel Command on 25 March 2016 and you were discharged with a General characterization of service.  Medical records show that you were pregnant leading up to your periods of unexcused absences and receiving prenatal care.  Your husband was also in a period of transition due to military orders. 
 
The Board carefully considered your arguments that you deserve an Honorable characterization of service and disability discharge.  You assert that you were unfit for continued naval service due to your pregnancy and migraine headaches.  You also argue that you were going through a transition period due to your husband’s orders at the time.  Unfortunately, the Board disagreed with your rationale for relief.  Specifically, the Board concluded the preponderance of the evidence does not support a finding that you suffered from a disability condition or that you incurred a disability condition in the line of duty.  Additionally, the Board found insufficient evidence to support changing your characterization of service based on the mitigation evidence you provided. 
 
In reviewing your record and evidence, the Board found no evidence that you suffered from a disability condition that was incurred during a period of active duty 30 days or more.  As a Reservist, there is a requirement that evidence be presented that documents a disability condition was incurred in the line of duty to be eligible for disability processing.  Since the Board found no line of duty determination in your record, the Board concluded there was insufficient evidence to grant the relief you seek.  Additionally, the Board noted that you were processed for misconduct that could have qualified for an Other than Honorable characterization of service.  Accordingly, you were ineligible for disability processing based on your misconduct related discharge.   
 
Regarding your request for an upgrade, the Board similarly determined that the evidence does not support relief.  In the Board’s opinion, the evidence you presented regarding your pregnancy and husband’s orders would not have prevented you from either attending your required drills or contacting the command to reschedule your drills.  The fact you missed a total of six drills over a three month period led the Board to conclude your arguments for mitigation were insufficient to excuse your misconduct or qualify you for an upgrade to your characterization of service.  The Board determined you were already afforded some measure of mitigation when the command assigned you a General characterization of service for misconduct that qualified you for an Other than Honorable characterization of service.  In making this finding, the Board considered the fact you were a good performer prior to your periods of unexcused absences.  After a review of the evidence, the Board determined that your General under Honorable conditions characterization of service remains appropriate since, even though your service was honest and faithful as evidence by your good performance prior to your unexcused absences, significant negative aspects of your conduct outweighed the positive aspects of your military record when you chose to repeatedly remain absent from your required drills for three months.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,