DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5607-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 14 September 2021. 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, as well as the 15 July 2021 advisory opinion (AO) furnished by the Headquarters, Marine Corps Military Personnel Law Branch (JPL). The AO was provided to you on 10 August 2021 and you were given 30 days in which to submit a response. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 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 issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. The Board carefully considered your request to change your pay grade from E-3 to E-5 and to change your reenlistment code from RE-4 to RE-1A. The Board considered your contentions that you were contacted about joining the Marine Corps Reserves, you informed the Marine of your situation and he informed you that you could cancel the contract if you were unable to commit to the unit or changed your mind. You claim that you signed a no-obligation contract. You also claim that you informed a Master Sergeant (MSgt) about your situation and that you would not be able to continue with the unit, as a result of that conversation you assumed the MSgt informed the chain of command and believed that you were released from the unit. The Board, however, substantially concurred with the AO that your record should remain unchanged. In this regard, the Board noted your Reserve unit made numerous documented efforts to contact you and to notify you of the consequences for failing to make up the missed drills. The Board also noted that you acknowledged being contacted by the Reserve unit on at least four occasions and being notified that you had the option to make up the drills or you would be processed for separation with an other than honorable discharge (OTH). The Board noted, too, that the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) provides that a Marine may be separated for unsatisfactory participation in the Ready Reserve when all required command attempts at leadership and rehabilitation of the Marine have been unsuccessful. The MARCORSEPMAN also provides that a command may recommend an OTH characterization of service for unsatisfactory participation in the Ready Reserve, and when a Marine serving in pay grade E-4 or above is administratively separated with an OTH, the Marine shall be administratively reduced to page grade E-3. The Board determined that the Commanding General, properly exercised his authority by approving the recommendation to administratively separate you with an OTH and reducing your pay grade to E-3 as a result of your unsatisfactory participation in the Ready Reserve. Moreover, 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, will presume that they have properly discharged their official duties. The Board found your evidence insufficient to overcome this presumption. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 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, 9/24/2021 Executive Director