Docket No: 11516-19 
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 was 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 September 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. 
  
You enlisted in the Marine Corps Reserve on 27 September 1979, began a period of initial active duty for training (IADT) on 7 June 1980 and were honorably discharged on 24 October 1980.  On 4 December 1982, you were counseled for a non-regulation haircut.  On 5 December 1982, you were counseled for habitual tardiness to drill weekends.  On 9 January 1983, you were counseled for a non-recommendation for promotion due to lack of military appearance and tardiness.  On 5 June 1983, nonjudicial punishment (NJP) was imposed on you for Willful Disregard of Orders and counseled for a non-recommendation for promotion due to poor drill attendance and unsatisfactory performance.  On 21 August 1983, you were counseled for a non-recommendation for promotion due to poor drill attendance.  On 8 May 1984, a letter was sent to you regarding your unsatisfactory participation in the US Marine Corps Reserve.  On 4 November 1984, you were counseled for poor duty performance.  On 26 September 1985, you were administratively discharged under Other than Honorable Conditions (OTH) for Unsatisfactory Participation.   

You requested an upgrade of your discharge characterization from OTH to General.  You stated that when you went home on leave, it was never your intent to desert.  You also asserted that you had personal affairs that required your immediate attention and when you attempted to borrow money, no one would assist.  Finally, you asserted that your mental state was challenged to the point where you felt hopeless.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, as evidenced by your NJP, four counselings and multiple unexcused absences.   
 
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 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, 
Microsoft Office Signature Line...