Docket No: 7269-19 
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 22 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
You enlisted in the Marine Corps Reserve on 14 October 1986.  On 4 October 1988, you received a warning counseling on your unsatisfactory drill attendance.  On 15 June 1992, you received non-judicial punishment (NJP) for disobeying a lawful order and absence from appointed place of duty.  You also received four separate warning counseling’s on your failure to attend nine scheduled drills between May and August 1993.  On 5 October 1993, a certified letter was mailed to you notifying you of a possible administrative separation due to failure to participate in scheduled drills.  You waived your rights by not responding to the certified letter and your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions due to failure to participate. The discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions due to failure to participate.  On 31 January 1994, 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 contentions that you failed to attend drill because you lived out of town, was under doctor’s care, and had financial and medical issues when discharged.  In this regard, the Board concluded that your failure to participate in scheduled drills outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that you failed to attend drill because you lived out of town, were under doctor’s care, and had financial and medical issues when discharged, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB) by not responding to the certificated letter sent to you.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable 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 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,