Docket No: 5548-19 
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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps Reserve on 4 March 1976.  On 15 September 1976, you arrived to your unit after completing Boot Camp.  However, after reporting to your unit, you accumulated 34 unauthorized absences from scheduled drills.  On 3 October 1976, your Commanding Officer (CO) notified you of his intentions to discharge you.  You failed to response to your CO’s letter.  On 13 November 1976, your CO attempted to contact you by phone with negative results.  On 11 December 1976, your CO directed a home visit to the address you had on file and there were no record of you living at the address.  On 18 April 1977, your CO attempted to notify you by certified mail of an administrative action to separate you from the naval service for misconduct due to shirking.  Your CO recommended discharge with a general characterization of service for shirking.  On 8 September 1977, the discharge authority approved your CO’s recommendation and directed separation with a general characterization of service for shirking.  On 8 September 1977, 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 contention that it has been over 40 years since your discharge.  The Board noted your failure to participate in scheduled drills.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
Regarding your contention that it has been over 40 years since your discharge, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after 40 years, due solely to the passage of time. 
 
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.