Docket No: 5600-20 
   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 was 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 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. 
 
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 Marine Corps Reserve and signed a document clearly labeled USMCR on 4 April 2017.  You began a period of active duty to complete your initial training on 5 June 2017.  On 4 August 2018, you acknowledged receipt of notice of mobilization.  On 12 October 2018, you were counseled regarding Unsatisfactory Participation.  Subsequently, administrative separation action by reason of Misconduct - Commission of a Serious Offense, was initiated.  On 13 November 2018, you were counseled regarding Missing Movement, Failure to Go, and Failure to Obey Lawful Order and were placed in desertion status.  By February 2019, you had failed to respond to the letter of notification.  On 3 March 2019, you were administratively separated with an Under Other than Honorable Conditions discharge.   
 
You requested an upgrade of your Upgrade of your OTH discharge to General and an upgrade the reentry code to RE-3.  You stated that you were told by your recruiter that you signed an active duty contract and quit your civilian job. You asserted that when you finished MCT, you saw your orders said reservist, which threw you for a loop.  You also noted that your mother, under the assumption of your being active duty, moved to Florida and couldn’t move back, and that you had to move in with your wife in  while you were stationed in New York, which caused difficulties in travelling for drill periods.  Finally, you asserted that you were given multiple UAs and were separated with an RE-4 code, in spite of no NJPs or any crimes.  The Board considered all of your contentions and assertions, and concluded that these factors ere not sufficient to warrant a change to your discharge characterization or reentry code, given your notice of mobilization and failure to respond to the letter of notification.  The Board noted that your failure to respond to the letter of notification waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.   
  
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,