Dear : 
 
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 8 July 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 Reserve and completed a period of active service on 7 February 1966.  On 8 February 1966, you began service in the Marine Corps Reserve.  On 7 September 1969, you received non-judicial punishment (NJP) for unauthorized absence (UA).  Your Commanding Officer notified you on 7 October 1970 and 26 October 1970 of your failed participation in the Marine Corps Reserve.  On 20 March 1971, you were notified of the initiation of administrative separation proceedings by reason of unfitness-shirking, at which point, you elected your right to consult with counsel and to assert your procedural rights.  On 3 April 1971, an administrative discharge board (ADB) convened and recommended your discharge from naval service with an undesirable characterization of service by reason of unfitness-pattern of shirking, as a result of your failure to participate in the Marine Corps Reserve from September 1970 to March 1971.  On 29 April 1971, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service.  On 11 June 1971, you were discharged with an OTH characterization of service by reason of unfitness. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that the characterization of service on your DD Form 214 is listed as honorable.  The Board noted you received an honorable characterization of service for a period of active service from 22 August 1965 to 7 February 1966.  The Board concluded there is insufficient evidence to warrant an upgrade to your discharge from the Marine Corps Reserve for the period beginning on 8 February 1966 to 11 June 1971; 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.