DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11286-19 Ref: Signature date Dear : This is in reference to your application of 1 December 2019 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 th A three-member panel of the Board, sitting in executive session, considered your application on 16 March 2020. 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, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 enlisted in the Marine Corps Reserve on 12 July 2005. On 12 September 2006, you were not recommended for promotion due to body composition failure. On 16 March 2008, you received non-judicial punishment (NJP) for insubordinate conduct towards an NCO. On 1 December 2008, you were not recommended for promotion due to your promotion restriction. From January 2009 to May 2009, you missed more than nine drills. Subsequently, administrative discharge action was initiated for unsatisfactory participation. Notice was sent by certified mail to your Kentucky address. There was no response. On 24 July 2009, your Commanding Officer recommended administrative separation with an under other than honorable (OTH) characterization of service. On 14 September 2009, the staff judge advocate (SJA) to the separation authority found the package legally sufficient and recommended that you be separated with an OTH characterization of service. On 22 September 2009, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service. On 22 September 2009, you were so discharged. After initially denying a request for upgrade in 2013 and 2017, the Naval Discharge Review Board on 16 July 2019, voted to upgrade your discharge to a general (under honorable conditions) characterization of service. On 26 August 2019, a notice of Secretarial Review Authority (SRA) review was sent to your Missouri address, but was not answered. On 1 October 2019, the SRA denied the NDRB decision. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, upgrade your narrative reason to Secretarial Authority and upgrade your RE-4 separation code. The Board considered your assertions that the OTH is not equitable in your case considering the minor nature of your misconduct and mitigating factors. The Board also considered your assertions that you informed your command of financial difficulties in attending drills, asked for transfer to unit closer to home and the unit did nothing to mitigate your financial hardship. The Board considered your assertions that you never received the Letter of Notification (LON) of ADSEP as it was sent to the wrong address. The Board also considered your assertions that the Secretarial Review Authority (SRA) abused his discretion in denying relief and the NDRB members were in better position to assess your credibility. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in administrative discharge for unsatisfactory participation. The Board noted that the notice of administrative discharge proceedings was sent to you certified mail and it was your responsibility to keep the unit apprised of your current address. The Board further noted that your discharge was reviewed by an SJA who found it legally sufficient. The Board additionally noted that an OTH characterization of service was authorized under the governing instruction. All reservists may change drilling status with notice to the unit in order to avoid unsatisfactory participation. Finally, the SRA performed his designated role in reviewing all actions of subordinate boards. 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. Sincerely,