Docket No: 4426-19 
Ref: Signature Date 

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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 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, 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 and began a period of active duty for training on 13 December 1977. On 13 January 1978, you received non-judicial punishment (NJP) for assault.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 12 May 1978.  Based on the information contained in your record it appears you accumulated 36 unexcused absences from reserve drill.  Subsequently, your commanding officer (CO) recommended that you be involuntarily transferred to the individual ready reserve (IRR) with a tentative characterization of service under other than honorable (OTH) conditions.  The Staff Judge Advocate (SJA) found the proceedings sufficient in law and fact to support the recommended transfer to the IRR.  The discharge authority approved the recommendation that you be transferred to the IRR but directed that you receive a general (under honorable conditions) characterization of service by reason of unsatisfactory participation in reserve training.  On 23 November 1983, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that you were a good Sailor.  The Board also considered your contentions that you were very young, going through a little problem, and missed a few meetings.  You contend you were “put on inactive,” not given a chance to correct your problem, and were brushed aside. 

However, the Board concluded that these factors were insufficient to warrant relief given your substandard personal behavior in the reserves.  After a thorough review of the facts and circumstances unique to your case, the Board discerned no 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.