Docket No: 7048-20
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 4 November 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
 
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 on 12 March 1982.  On 2 July 1983, you were transferred to the Individual Ready Reserve (IRR) due to accumulating 35 unexcused drills and failure to comply with schedule drills.  On 24 March 1987, you submitted a request for affirmative action in order to return to a good drill status.  Your request was approved at all levels and you were reinstated to the Ready Reserve.  However, on 13 October 1987, you were counseled on your unexcused absence from scheduled drills on the 2nd, 3rd, and 4th of October 1987.  On 24 March 1988, your commanding officer (CO) directed a home visit to your last known address in order to return you to a good drill standing.  The attempt was unsuccessful due to no one being at home.  On 25 March 1988, your CO notified you by certified mail of his intentions to discharge you.  You failed to response to your CO’s letter which resulted in you waiving your rights.  On 17 April 1988, your CO recommended discharge under other than honorable (OTH) conditions by reason of failure to participate.  On 27 May 1988, the discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions by reason of failure to participate.  On 7 June 1988, you were discharged from the Marine Corps Reserve.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you were never served any documentation regarding your administrative discharge, your discharge was invalid because you never received due process due to not being present for your discharge, and you were never notified of your discharge process.  The Board also noted your contentions that your unit was disbanding, a Non Commissioned Officer told you not to worry because someone would contact you with instructions, and you were not aware of your OTH status.  Finally, the Board noted your contentions that you have worked for the United States Federal Law Enforcement agencies for over 17 years providing honorable and dedicated service and your employment required various clearances to include a top-secret clearance, which allowed you to pass all background investigations.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged all the information provided in your application to include your post-discharge achievements and the employment clearances you obtained. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,