Docket No: 6688-19 
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 11 September 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 Naval Reserve on 19 June 1986.  You served on active duty from 5 August 1986 until 12 November 1986 when you were released from active duty for training.  You missed several reserve drills throughout 1990 and 1991.  On 24 July 1991, you were notified of your commanding officer’s (CO) intent to nominate you for involuntary additional annual training.  On 11 November 1991, you reported for 12 days of additional active duty.  In January 1992, you did not participate in drill.  Subsequently, on 26 February 1992, you were notified, via certified mail, of pending administrative separation action by reason of unsatisfactory participation in the ready reserve.  The certified mail receipt was signed and returned on 9 March 1992, but you did not provide the signed administrative separation notification endorsement or statement of awareness.  After allowing you time to submit a statement and following the notification requirements, the CO recommended you receive an other than honorable (OTH) discharge by reason of unsatisfactory participation in the ready reserve.  The separation authority concurred with the CO’s recommendation and directed separation with an OTH characterization of service by reason of unsatisfactory participation.  On 27 May 1992, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors and considered your contention that you missed drill because you were “avoiding the man in charge of our unit.”  Specifically, you contend that while in basic training, the “harsh talk from instructors damaged me and my self-esteem,” and you suffered post-traumatic stress from “entering into dark and abandoned buildings during the night to guard and make sure windows were locked.”  You contend you were “afraid but did it and suffered mental issues that I didn’t want to speak on.”  Since that time, you contend you “can’t get along with people because I can’t properly defend myself.”  The Board also considered your contention that you missed drill because you felt the “man in charge” was unfair, and since you didn’t want to “go thru the hassle of telling and being shamed,” you called in and reported you could not attend due to your small child and transportation issues.  The Board considered your contention that you suffered from “post-traumatic stress” but noted you did not provide any supporting documents with your submission or in response to the Board’s letter of 28 October 2019.   

The Board considered your contentions but unfortunately 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,