Docket No: 7663-20 
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 10 February 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 Marine Corps Reserve on 26 November 2001 and commenced a period of active duty for training.  You were released from active duty on 13 June 2002 with an honorable characterization of service.  The characterization was noted as not final, because you transferred to the Marine Corps Reserve.  After you were transferred to the Marine Corps Reserve, you were noted for having unsatisfactory performance.  Specifically, you were warned in writing on at least 15 December 2002, 15 March 2003, 10 May 2003, and 10 June 2003.  Although the entirety of the formal discharge paperwork is not available in you records, applying a presumption of regularity to your records demonstrates that on 28 July 2003 you were discharged from the Marine Corps Reserve with an other than honorable characterization of service due to unsatisfactory participation. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  You contend that during the time you were serving you endured a lot of hardships, which included the loss of a son, maintaining college, and you had to address a lot of personal family issues.  You have stated that all of these issues should have been documented during your initial training, and once you got to the reserve unit you are not sure whether they were documented.  You also explained that you missed drill because you did not have any transportation or any other means of getting there, and when you attended drill you never had a room or received payment.  You also contended that you did not receive the proper guidance, and that you were told that the next place that you would be assigned would fix your various pay and other problems.  The Board carefully considered your contentions and noted that your record did not contain any evidence, nor did you provide any, that supported your contentions that you were facing extraordinary outside concerns.  Assuming you were facing extraordinary circumstances, your record did not contain, nor did you provide, any documentation of your efforts at seeking assistance for same.  Further, the Board noted that your record demonstrated you were warned on several occasions concerning your unsatisfactory performance and, despite the repeated warnings, you did not ameliorate the unsatisfactory performance.  Ultimately, based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.    
 
You are entitled to have the Board reconsider its decision upon the 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,