Docket No: 6735-19 
 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 October 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 22 July 1982.  On 31 December 1982, you were, released from active duty for training and transferred to your reserve unit.  On 8 January 1983, you were counseled as to the requirement for mandatory participation, and criteria for excused and unexcused absences.  On 26 February 1984, you were counseled by mail concerning your unsatisfactory drill attendance.  Further, you were counseled concerning the intention to recommend that you be assigned to involuntary active duty.  In October 1984, your commanding officer (CO) notified you of your unsatisfactory drill participation by certified mail.  In November 1984, you were reduced in paygrade, and counseled by your CO concerning your drill participation, and formulated an agreement to get you into satisfactory drill status.  On 19 February 1986, you were notified of administrative discharge action by reason of unsatisfactory participation in the Ready Reserve.  On 26 March 1986, your case was forwarded case to the separation authority recommending you be separated from the Marine Corps by reason of unsatisfactory participation, specifically for excessive unexcused absence from regularly scheduled drills.  It was recommended that you receive an other than honorable (OTH) discharge.  On 22 April 1986, a staff judge advocate reviewed your case and found it to be sufficient in law and fact.  On 23 April 1986, the separation authority directed that you received an OTH discharge due to your failure to participate in the Ready Reserve.  On 7 May 1986, you were discharged from the Marine Corps Reserve with an OTH characterization of service. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to have your characterization of service upgraded, that you volunteered fresh out of high school along with your brother, you earned a good conduct medal and intended to make your service a career.  The Board also considered your assertions that your mother was ill, forcing you to take time away to take care of her, and that her having two sons in the service and being a single mother, became very stressful and unhealthy for her.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given your unsatisfactory drill attendance, and the fact that you were counseled on more than one occasion regarding your drill status.      
  
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,