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 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2019. 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. A review of your record shows that you entered active duty with the Marine Corps Reserve in February 1987 and completed a period of active duty between April 1987 and December 1987. On March 1989, you were counselled for unsatisfactory participation in drills. However, after you failed to appear for additional drills between September 1989 and April 1990, you were notified of administrative separation processing on 10 April 1990. After failing to appear for another drill in May 1990, you were discharged on 13 August 1990 for unsatisfactory participation with an Other than Honorable characterization of service. You were psychologically tested in 2010-2011 and diagnosed with autism spectrum I with pragmatic language impairment and anxiety disorder with obsessive-compulsive features. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert that you suffered from a number of disability conditions that were diagnosed after your release from the Marine Corps that negatively impacted your ability to fulfill your military requirements. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found insufficient evidence to support a finding that your narrative reason for separation is erroneous. You were processed for administrative separation due to misconduct. Based on disability regulations, misconduct processing must supersede any disability processing. Therefore, the Board concluded you were properly discharged for misconduct vice disability. Additionally, in order for a Reservist to qualify for disability benefits, there must be medical evidence that a disability condition was incurred during a period of active duty greater than 30 days. The Board noted you did not serve a period of active duty greater than 30 days except during your initial training pipeline, which you successfully completed with no evidence of an occupational impairment caused by a disability. Based on these two factors, the Board determined the preponderance of the evidence did not support a finding that your disability conditions were incurred while on a period of active duty greater than 30 days. Second, the Board concluded the preponderance of the evidence does not support a finding that you suffered from a disability condition that prevented your attendance at mandatory drills. While the Board acknowledged your post-discharge disability diagnoses, they determined they lacked evidence that these conditions prevented you from reporting to duty or, at the very least, contacting your chain of command as to why you were unable to appear for drills. In the Board’s opinion, none of the disability conditions for which you were diagnosed prevented you from communicating with your chain of command. Accordingly, they felt your failure to do so merited your administrative separation and characterization of service. Therefore, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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 issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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.