DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1450-19 Ref: Signature date 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 11 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 Reserve on 27 July 1976, and performed inactive duty training from 27 August 1976 until 16 March 1977. You joined a , , selected Marine Corps reserve unit on 7 July 1977. On 5 October 1977, after missing several scheduled drills, you returned to satisfactory drill status by making up missed drills. On 10 February 1978, your commanding officer (CO) notified you of his intent to reduce you in rank due to missing scheduled drills. On 26 July 1978, your CO requested that you be reduced in rank due to unsatisfactory performance in reserve training. During the period from July 1977 to June 1978, you had 24 unexcused absences from scheduled drills. As a result, on 15 October 1978, your CO notified you by certified mail of pending administrative action to separate you from the naval service by reason of misconduct due to shirking/failure to participate. On 27 October 1978, you requested a delay in your final answer to the notification and your CO granted you a 20-day extension to respond. Your CO subsequently noted that no reply was ever received. On 1 December 1978, you waived your administrative rights by not responding to the certified letter. Your CO recommended that you be discharge with an other than honorable (OTH) characterization of service by reason of shirking/failure to participate, also noting that, by that point, you had only performed 24 of your 64 scheduled drills since joining the unit. On 26 January 1979, the discharge authority approved your CO’s recommendation, and directed your separation under other than honorable conditions by reason of shirking/failure to participate. On 6 February 1979, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that there was misrepresentation by presiding authorities within the Marine Corps and the Marine Corps Reserve. However, the Board concluded that your failure to participate in scheduled drills outweighed your desire to upgrade your discharge. In regard to your contention that there was misrepresentation by presiding authorities within the Marine Corps and the Marine Corps Reserve, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. The Board also noted that the record shows that you were notified of, and waived, your right to present your case to an administrative discharge board (ADB). 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. Sincerely, 3/13/2020