DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2191-19 Ref: Signature Date This is in reference to your application of 1 August 2018 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 10 March 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 5 June 1989. On 20 September 1991, you were counseled on being assigned to the weight control program. On 13 November 1991, you were counseled for not being recommended for promotion to Sergeant due to your poor military appearance and being on the weight control program. On 13 March 1992, you were reduced to the grade of Lance Corporal due to unsatisfactory participation in scheduled drills. On 19 July 1993, your Commanding Officer (CO) mailed you a certified letter informing you of your unsatisfactory participation in scheduled drills and advised you on making up the missed drills. On 3 August 1993, your CO notified you by certified mail of pending administrative separation action by reason of misconduct due to failure to participate. You waived your rights by not responding to the certified letter and your CO recommended discharge under other than honorable (OTH) conditions by reason of failure to participate. The discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions by reason of failure to participate. On 2 November 1993, you were discharged from the Marine Corps Reserve. The Board carefully weighed all potentially mitigating factors in your case, including character letters, post service conduct, your desire to upgrade your discharge and contention that your discharge was a result of you struggling to adjust after returning from active duty during Desert Shield/Storm. The Board also noted you contentions that since discharge you raised your children, worked multiple jobs, and earned a bachelor’s degree, a master’s degree, worked as a high school teacher, middle school teacher, assistance principal, adult education teacher, and a mentor. However, the Board concluded that there was no probable material error or injustice in your discharge. Regarding your contention that your discharge was a result of you struggling to adjust after returning from active duty during Desert Shield/Storm, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. Regarding your contentions that since discharge you raised your children, worked multiple jobs, earned a bachelor’s degree, a master’s degree, worked as a high school teacher, middle school teacher, assistance principle, adult education teacher, and a mentor. The Board noted while commendable, your post service conduct does not fully mitigate your conduct while enlisted in the Marine Corps or the basis for 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, 3/31/2020