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


Docket No: 2164-19
Date: Ref Signature 



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 9 April 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. 

You enlisted in the Marine Corps Reserves and completed a period of active service on 2 September 1994.  On 3 September 1994, you began service in the Marine Corps Reserves.  On 12 December 1998, you were reduced in rank as a result of your failure to participate in mandatory reserve drills.  On 31 December 1998, you were assigned an annual mark of 0 in proficiency, and a mark of 0 in conduct due to unsatisfactory participation.  On 25 March 1999, you were not recommended for promotion due to unsatisfactory participation.  On 26 April 1999, the discharge authority approved and directed your discharge with an other than honorable characterization of service.  On 31 May 1999, you were discharged with an OTH character 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 your contention of family and personal problems that impeded your ability to drill.  You provided no information, other than your statement, to corroborate that personal problems existed.  There is no evidence that you sought assistance through your chain of command and your service record does not support your contentions.  Personal problems notwithstanding, the Board concluded that these factors were insufficient to warrant an upgrade to your discharge based on your unsatisfactory participation.  Accordingly, 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.