Docket No: 1626-21 
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 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 9 April 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, 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 8 October 1986.  On 13 March 1987, you received nonjudicial punishment (NJP) for failure to obey a lawful order.  On the same date, you were counseled for poor judgement by failing to obey orders.  Subsequently, you were notified that failure to take corrective action may result in the initiation of administrative separation proceedings.  On 8 April 1987, you received a second NJP for failure to report to your prescribed place of duty.  On 20 March 1988, your commanding officer (CO) sent you a letter of unsatisfactory performance due to unexcused absence during drill periods.  From a period beginning on 8 April 1988 to 23 April 1989, you received counseling entries for the following offenses:  substandard performance to include unauthorized absence (UA) from drills, lack of military appearance, poor attitude, poor performance, not being recommended for promotion, failure to pass exams, and failure to meet fitness standards.  On 10 July 1989, you were mailed notification of administrative separation proceedings due to unsatisfactory participation due to missing 10 drills.  On 24 September 1989, you were counseled for unsatisfactory participation by missing five drills.  On 15 October 1989, you were again counseled for unsatisfactory participation by missing five drills.  On 8 December 1989, you were again notified via mail about the initiation of administrative discharge proceedings by reason of unsatisfactory participation- missing twenty-four drills.  On 26 March 1990, your CO forwarded your package to the separation authority recommending your separation from the Marine Corps with an other than honorable (OTH) discharge by reason of unsatisfactory participation.  On 9 August 1990, a Staff Judge Advocate determined your administrative separation proceedings were sufficient in law and fact.  On 10 August 1990, the separation authority approved the recommendation and on 1 September 1990, you were so discharged.        
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 contention that you were told that your discharge was a general characterization of service.  The Board noted you did not submit any documentation or to be considered in support of your contention.  The Board determined that your repeated misconduct, as evidenced by your NJPs, and unsatisfactory participation supported your OTH characterization of service.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit 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, 
4/30/2021
Executive Director