Docket No: 11611-19
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 17 August 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 entered into a Navy Reserve enlistment contract on 24 October 1987, for a period of eight years of service.  On 31 March 1993, you were notified of administrative separation proceedings on the basis of failing to maintain satisfactory drill participation after completing 12 days of additional annual training.  On 10 July 1993, you were recommended for separation by reason of unsatisfactory participation in the Ready Reserve.  On 30 July 1993, you were so discharged and received an other than honorable (OTH) discharge characterization. 
 
In your application for consideration, you ask that your OTH characterization be upgrade to honorable.  You state that your current discharge is erroneous because you suffered an industrial accident in 1992, while performing your civilian job.  You contend that due to your injury, you were subsequently unable to drill.  You assert that you deserve an upgrade because you were unable to perform your Navy drill due to an accident that was no fault of your own.  You provide character letters that attest in part to your caring heart, positivity, and ability to get along with others.  
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were injured in 1992, and could not drill through no fault of your own.  The Board reviewed your available service record and your application for correction, and found that neither your record nor your application reflect documentation about an injury from 1992.  Additionally, the Board found no information that indicates you engaged with your chain of command about an injury or impairment that impacted your ability to perform you Reserve duty obligations.  Absent such evidence, the Board found that your OTH characterization of service was properly issued on the basis of unsatisfactory drill participation. 
 
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,