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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 December 2019.  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, as well as 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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You originally enlisted in the Navy on 11 September 1997 and were honorably discharged at the completion of your required active service on 7 September 2001.  Upon your discharge, you entered the individual ready reserve (IRR) which did not obligate you for weekend drills.  However, on 20 January 2004 you opted to formally affiliate with the Navy Reserve and were assigned to a reserve unit attached to the Navy and Marine Corps Reserve Center (NMCRC) in , a distance of approximately 70 driving miles from your home in .  However, in the 4th quarter of calendar year 2004, you failed to attend scheduled reserve drills and accumulated twelve (12) unexcused absences. 
 
In December 2004, the NMCRC attempted to notify you via certified U.S. Mail that you were being processed for an administrative discharge by reason of unsatisfactory participation in the Ready Reserve.  The NMCRC Commanding Officer noted in his separation endorsement:  “I agree with the Separation by Reason of Unsatisfactory Participation in the Ready Reserve.    warrants separation from the Naval Reserve for unsatisfactory participation in the ready reserve which is appropriately documented on enclosures (1) and (2); he was properly counseled and notified of this administrative action and was given adequate time to respond as is evident in enclosure (1).”  On 31 January 2005, Navy Personnel Command approved and directed your administrative separation.  Ultimately, on 7 February 2005, you were discharged from the Navy Reserve with a General (under honorable conditions) (GEN) characterization of service. 
 
On 28 March 2016, the Naval Discharge Review Board (NDRB) determined that your GEN discharge was proper as issued and that no change was warranted.  The NDRB noted that you missed 12 consecutive drill periods and it was your responsibility to make a request to your commanding officer to be excused from drills, not your recruiter’s.  The NDRB further determined that it was your responsibility to respond to the command’s official correspondence at the time in order to amicably resolve any issues, and the NDRB noted that you failed to respond to 3 certified correspondences. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) that you were never given or received any type of verbal or written counseling, (b) that your reserve recruiter assured you that the transition back to the IRR would not be a problem, (c) that the recruiter told you that he would tend to these matters but did not follow through with proper protocols, and (d) that you are willing to make up the one year and eight months of unaccounted for reserve drills. 
 
Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge or granting any other relief in your case.  Contrary to your contention that you never received any counseling, the Board observed that on 20 January 2004 you signed a “Satisfactory Participation Requirements/Record of Unexcused Absences” form (SPR Form) when you affiliated with the Navy Reserve.  The SPR Form outlined the annual requirements for your satisfactory participation in the Navy Reserve and the steps you must take when you need to be excused from weekend drill.  Your IDT History indicates that you had authorized absences in both July and September 2004 demonstrating that you understood how the process worked for excused absences.  Additionally, the record reflects that you signed for and received correspondence on 28 October 2004 from the NMCRC regarding your October unexcused absences, but that you subsequently ignored the NMCRC’s certified correspondence mailed to you in both November and December. 
 
The Board also noted that there is no evidence in the record, and you provided none that either you or your recruiter took any affirmative action to place you back in the IRR.  Regardless of whatever purported conversation you had with your recruiter, it was your responsibility (and your responsibility alone) to ensure that any procedural steps necessary to go back into the IRR were completed before you stopped attending weekend drills.  Further, when the NMCRC attempted to notify you via certified U.S. Mail the correspondence was ignored despite your responsibility to maintain an address for contact.  The Board also noted that no evidence exists in the record that you ever made up any missed drills but evidence remains that you failed to attend 
12 required weekend drills and you were absent without legal authority, justification, or excuse.  Accordingly, the Board determined that there was no material error or injustice in your discharge and your pattern of misconduct merited your receipt of a GEN. 
 
Additionally, the Board reviewed your application under the guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief, including any arrests, criminal charges, and convictions.  However, even in light of the USD Memo, the Board still concluded that, 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 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.