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 5 March 2021.  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 (USNR) on 29 May 2001 under the provisions of the “APG” program for 8 years.  You were initially assigned to a unit situated at the  .  On 15 August 2002 you were ultimately assigned to the  in a drill pay status at the same reserve center. 
 
On 7 September 2002 you re-certified your “Page 2” listing one child born in April 1997 as being correct.  On 17 November 2002 you routed a request chit to transfer to the individual ready reserve (IRR) due to work conflict/personal hardship.  The request chit was approved by your unit chain of command, but the IRR request does not appear to be completed and fully routed through the reserve center for approval.  However, on the same day you routed another request chit through your chain of command for six months of authorized absences (AA) from weekend drills.  Your AA request was approved by your unit chain of command.  On your periodic evaluation for the period ending 15 June 2003, the performance comments state:  “ has not drilled with our unit and is currently in an authorized absence status until August of 2003.” 
 
On 25 February 2004 your orders were modified and you were transferred to the voluntary training unit (VTU) in a non-pay status.  The modification orders state your transfer was due to your “inability to maintain satisfactory drill attendance.”  Ultimately, on 17 April 2004 you were discharged from the USNR for unsatisfactory participation with a general (under honorable conditions) (GEN) characterization of service and assigned an RE-4 reentry 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 contentions that:  (a) you were granted IRR by your commanding officer because of difficulties getting to drills because of school and family, and (b) you had complications during your pregnancy and suffered from postpartum depression after delivery.  However, based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant any and all relief. 
 
The Board observed that there are no records in your official personnel file indicating the reserve center officially approved your IRR transfer request.  The Board noted that your AA request was approved by your chain of command.  However, being in an AA status versus the IRR are two entirely different situations in the USNR.  The Board noted that your training record indicated you completed four correspondence courses between April and June 2003.  Had you been in the IRR, you were under no contractual obligation to complete additional training.  Moreover, your 15 June 2003 performance evaluation noted you were in an AA status and were going to remain in such status until August 2003.  If you were in the IRR, your command would not have completed a periodic evaluation for you.  The Board determined that once your AA period ended, you would have been required to resume regularly scheduled monthly weekend drills.  Lastly, your last certified Page 2 indicated your son  was born in April 1997 and that you did not give birth at any time during your USNR service.  Thus, the Board determined there was no reasonable nexus between your purported postpartum depression and your difficulties meeting your USNR responsibilities.  Moreover, the Board noted that you did not submit any clinical documentation or medical records to substantiate your mental health claims. 
 
The Board did not believe that your USNR service was otherwise so meritorious to deserve a discharge upgrade. The Board concluded that negative aspects of your conduct and/or performance greatly outweighed any positive aspects of your military record.  Furthermore, the Board determined that the evidence of record did not demonstrate that you were not mentally responsible for your conduct or that you should not be held accountable for your actions.     
 
The Board also noted that there is no provision of federal law or in Navy/Marine Corps regulations that allows for a discharge to be automatically upgraded after a specified number of months or years.  Moreover, absent a material error or injustice, the Board generally will not summarily upgrade a discharge or change a reentry code solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  Accordingly, the Board concluded that you received the correct discharge characterization based on your overall circumstances and that such characterization was in accordance with all DoN directives and policy at the time of your discharge.  The Board carefully considered any matters submitted regarding your post-service conduct and accomplishments, however, even in light of the Wilkie Memo and reviewing the record holistically, the Board still concluded that given the totality of the circumstances your request does not merit relief.  

Finally, you also requested a DD Form 214 to be issued documenting your USNR service.  However, the Department of the Navy does not issue a DD Form 214 to USNR members and only makes discharge notations on “Page 13” forms in service records upon separation. 
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,