Docket No: 6491-19 
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 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 19 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, and applicable statutes, regulations and policies 
 
You enlisted in the Marine Corps Reserve and began a period of active duty for training on 31 May 1983.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 23 August 1983.  Thereafter, based on the information contained in your record, you accumulated 41 unexcused absences from reserve drill.  Subsequently, you were notified via certified mail that the commanding officer intends to recommend you for administrative separation action by reason of unsatisfactory participation in the ready reserve.  However, the letter of notification was returned undeliverable, thus, waiving your procedural rights.  The commanding officer recommended you receive an other than honorable (OTH) discharge by reason of unsatisfactory participation in the ready reserve, which the separation authority approved.  On 10 January 1985, 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 at the time you did not know that the law required your civilian employer to permit you to drill with your unit, so you continued to work to support your family instead of reporting for duty because you were afraid to lose your job.  The Board also considered your contention that this was unfair and you should not be punished for something you did not know.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief given your unsatisfactory participation 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 at this time.  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,