DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1242-19   
Date: Ref Signature 

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 12 February 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, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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 Reserves and completed a period of active service on 2 September 1992.  On 6 October 1996, a grade reduction board determined to reduce you in rank as a result of your failure to participate in drill from the period beginning on 21 December 1995 to 6 October 1996.  Additionally, the service record entry notates you were temporarily excused from drill to complete fireman training, however, upon your completion of fireman training you expressed your intention to no longer attend drill.  On 4 November 1996, you were notified of the initiation of administrative separation processing for unsatisfactory participation.  You waived counsel and your procedural rights.  On 17 June 1997, your commanding officer recommended your discharge.  On 4 June 1997, you were discharged with an other than honorable (OTH) characterization of service by reason of failure to participate. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you missed drill while in the process of becoming a firefighter.  The Board noted that the record contains documented evidence which is contrary to your contentions.  The Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on your unsatisfactory participation.  The Board, in its review, discerned no probable material error or injustice in your discharge. 

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, 

3/20/2020