Docket No: 9760-18 
Ref: Signature Date 

Dear  
 
This letter 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 that 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 September 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. 
 
You enlisted in the Navy Reserve on 2 January 1985.  According to the information in your record, on 20 April 1985, you were counseled on the mandated attendance of 90 percent of regular scheduled weekend drills, the number of drills allowed to be made up, unexcused missed drills, and the regulation on being ordered to active duty due to five or more unexcused absences from drills.  On 22 August 1987, you were ordered to active duty for 21 months due to unexcused absence from scheduled drills.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that your commanding officer (CO) mailed you a certified letter at your record address informing you that you were to be administratively separated for failure to participate in scheduled drills.  You failed to respond to the notification letter, which constituted a waiver of your procedural rights.  As a result of the forgoing, on 23 November 1987, it was directed that you be discharged from the naval service with an other than honorable (OTH) characterization of service due to unsatisfactory participation in scheduled drills. 
 
As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy Reserve. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your characterization of service and your contentions that your absences from drills was “excused,” that you were not aware that you had unexcused absences from drills, and that your CO would not hear your case.  However, the Board concluded that these factors were insufficient to warrant relief given your failure to participate in scheduled drills. 
 
Regarding your contentions that your absences from drills was excused, that you were not aware that you had unexcused absences, and that your CO would not hear your case, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board presumed that you were notified of and waived your procedural right to present your case to an administrative board (ADB) by not responding to the certified letter sent by your CO.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.   
 
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.