Docket No: 4826-19 
Ref: Signature date 
 
MR 
  
 
Dear Mr.: 
 
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 6 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Naval Reserve on 9 December 1985.  On 23 November 1988, your unit sent you a letter directing you to contact the unit Commanding Officer regarding your unsatisfactory participation.  There is no indication in the record that you complied.  On 12 January 1989, you received a discharge under Other Than Honorable Conditions (OTH) conditions.  The Naval Discharge Review Board subsequently reviewed your request for an upgrade to your discharge, and denied your request on 18 September 1993.   
 
You requested an upgrade of your discharge.  You stated you were denied the ability to finish your obligation in the Naval Reserve.  You asserted that when you showed up for weekend obligation, you were escorted out of Reserve Center and informed you were processed for Unsatisfactory Participation.  You also asserted that you attempted to explain you attended your scheduled reserve duty drills, and may have been confused with your brother.  Finally, you asserted you were going to school and working full time and did not have the energy or time to pursue this error.   
 
The Board noted you failed to respond to correspondence with regard to your pending discharge, and thus, waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.  The Board ultimately concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct.   
 
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,