DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 01 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6709-19 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 for Correction of Naval Records, sitting in executive session, considered your application on 25 June 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 originally enlisted in the Marine Corps Reserve (USMCR) on 14 June 1994 and were honorably discharged at the completion of your required active service on 18 November 1994. Upon your discharge, you were assigned to a reserve unit located in . You had previously signed an acknowledgement entitled, “Statement of Understanding Upon Enlistment in the Marine Corps Reserve” (SOU), regarding the satisfactory participation requirements with the USMCR. Such SOU stated that satisfactory participation in the USMCR consisted of the performance of forty-eight scheduled weekend drills and not less than fourteen days of active duty for training during each year of your contract. You expressly acknowledged that you were required to attend drills and training periods and your failure to attend drills and training periods could result in a less than honorable discharge. However, between May 1996 and July 1999, you failed to attend scheduled reserve drills and accumulated no less than 121 unexcused absences. On 12 January 1997, you were administratively reduced to the rank of Private First Class (E-2) for your unsatisfactory participation in the USMCR by failing to attend scheduled drills without excuse or justification. On 27 April 1997, you were administratively reduced in rank to Private (E-1) for continuing to fail to attend scheduled drills without excuse or justification. All of your unexcused drill absences were properly documented by your unit using “Page 11” administrative entries in your service record. On 27 February 1999, your reserve unit notified you via certified U.S. Mail that you were being processed for an administrative discharge by reason of unsatisfactory participation in the USMCR for excessive unexcused absences. You failed to return the acknowledgement of rights form within the prescribed 20-day time limit. Your failure to timely respond effectively constituted a waiver of all rights associated with your administrative separation. On 8 November 1999, Commander, Marine Forces Reserve approved and directed your administrative separation with an “under other than honorable conditions” (OTH) characterization of service, and assigned you an RE-4 reentry code. Ultimately, on 8 December 1999 you were discharged from the USMCR with an OTH characterization of service. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) that you stopped going to reserve drills in once you obtained a record deal as a recording artist with an independent record label, (b) you came from a single parent home so you made a decision to accept the recording deal so you could support your mother and grandmother, (c) you had to go out on tour and could no longer attend monthly drills, (d) when you accepted the record deal you sat down with your commanding officer and explained to him your situation, and (e) you are moving to and would like to have a clean DD 214 that shows an honorable discharge, and also have your name updated on your DD Form 214 after you legally changed your name. Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge characterization, changing your reentry code, or granting any other relief in your case. The Board observed that on 21 May 1994, you signed an SOU prior to affiliating with the USMCR. The SOU clearly outlined the annual requirements for your satisfactory participation in the USMCR. The Board also noted that no evidence exists in the record that you ever made up any missed drills. The Board also observed that your unexcused drills started in 1996 and continued into 1999, but the recording contract paperwork you submitted with your petition was dated between 2004 and 2007. Based upon, your unexcused absences from scheduled drill for over three years, the Board found no error or injustice in your discharge characterization or reentry code. The Board also reviewed your application and request to change the name in your military record to match your current legal name. The Board noted your name was legally changed post-service to on 16 February 2009. The DD Form 214 is not a “living” document that is updated with subsequent post-service name changes. Given that your .,” the Board did not find evidence of an error or injustice that warrants changing your DD Form 214 to reflect your current post-discharge legal name. Additionally, the Board reviewed your application under the guidance provided in the Under Secretary of Defense’s memorandum dated 25 July2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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 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,