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

Docket No: 4306-19 
Ref: Signature Date 

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 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 2 June 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, relevant portions of your naval record, and 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 25 June 1975.  On 13 March 1977, a certified letter was mailed to you assigning you to involuntary active duty due to unsatisfactory drill participation as evidenced by missing 15 drills from 27 March 1976 to 13 March 1977.  On 14 October 1977, your Commanding Officer (CO) notified you by certified mail of a possible administrative separation due to failure to participate in scheduled drills.  On 23 November 1977, your CO notified you by certified mail that administrative separation procedures were initiated due to your failure to participate in scheduled drills.  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 26 April 1978, you were discharged from the Marine Corps Reserve. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were young and foolish for not showing up to reserve drills after completing active duty training and you need a Department of Veterans Affairs (VA) mortgage to avoid losing your home of 17 years.  The Board also noted your contention that you are now 61 years old and a very productive member of society.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

Regarding your contention that you need a VA mortgage to avoid losing your home of 17 years, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  Regarding your contention that you are now 61 years old and a very productive member of society, the Board noted while commendable, your age and post service conduct does not excuse 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,