DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9260-18 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 27 August 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps Reserve on 1 February 1993. During the period from 7 May 1998 to 18 June 1998, administrative remarks were entered in your service record by your commanding officer (CO) on unsatisfactory participation in scheduled drills, the intent to reduce you in rank, and receiving the marks of 3.0 due to unsatisfactory participation. On 27 May 1998, you called the unit and were informed of your duty to make up missed drills. On 22 June 1998, your CO notified you by certified mail of pending administrative separation by reason of misconduct due to failure to participate. You waived your rights by not responding to the certified letter and your CO recommended discharge under other than honorable (OTH) conditions. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of failure to participate. On 29 January 1999, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your request to change your discharge and the contention that you were an outstanding Marine with a good service record, you only had a couple of unsatisfactory drills due to circumstances beyond your control, you attempted to correct those drills both before and after your discharge, your attempts to correct the drills were ignored, and you need Department of Veterans Affairs (VA) benefits to help with your cancer. In this regard, the Board concluded that your failure to participate in scheduled drills outweighed your mitigating factors to upgrade your discharge. In regard to your contention that you were an outstanding Marine with a good service record, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. In regard to your contention that you only had a couple of unsatisfactory drills due to circumstances beyond your control, the Board noted that in June and July 1998, you failed to respond to the certified letter from your CO, which resulted in your waiving your right to present matters in response or to an administrative discharge board. Under the presumption of regularity, in the absence of substantial evidence to the contrary, any other attempts you made to correct your missed drills were denied in good faith and according to applicable laws and regulations. In regard to your contention that you need VA benefits to help with your cancer, your eligibility for benefits based on a period of your service is a matter under the cognizance of the VA, and to which you may apply for benefits under the VA’s regulations. 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.