Docket No: 5523-19 Date: Ref Signature MR Dear Mr. 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 12 August 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. 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. You enlisted in the Marine Corps Reserves and completed a period of active service on 4 April 1991. On 5 April 1991, you began service in the Marine Corps Reserves. On 19 October 1994, you were counseled regarding your unsatisfactory participation. On 20 January 1995, you submitted a handwritten letter to your command. In your letter, you requested release from further service because, you state in part, you found it difficult to fulfill your duties in the Marine Corps Reserves due to your two civilian jobs, pursuit of your college education, and financial responsibility to your family. On 13 February 1995, you were notified of the initiation of administrative separation proceedings by reason of unsatisfactory participation as evidence by your 17 unexcused absences, at which point you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB). On 21 April 1995, you were notified of your administrative reduction for unsatisfactory participation. On 31 October 1995, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service as evidence by your failure to attend mandatory training from 15 October 1994 to 12 February 1995. On 8 September 1996, the discharge authority approved and directed your discharge with an OTH characterization of service. On 23 September 1996, you were discharged with an OTH character of service by reason of failure to participate. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your initial contention of PTSD, and your honorable service in the Marine Corps. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 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,