Docket No: 7680-19
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 24 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. 
 
You enlisted in the Marine Corps Reserve (USMCR) on 13 December 2010 and were honorably discharged at the completion of your initial recruit training and required active service on 24 September 2011.  Upon your discharge, you were assigned to a reserve unit located in .   
 
However, between September 2012 and June 2014, you failed to attend scheduled reserve drills and accumulated no less than twenty-eight unexcused absences to deem you an unsatisfactory participant in the USMCR.  Your unexcused drill absences were documented by your unit using “Page 11” administrative entries in your service record.   
 
On 14 August 2014, your command notified you that you were being processed for an administrative discharge by reason of unsatisfactory participation in the USMCR for excessive unexcused absences.  On 15 August 2014, you expressly waived your rights to consult with counsel, include written statements, and elect an administrative separation board.  On 6 November 2014, the Commanding General, 4th MARDIV approved and directed your administrative separation with an “under other than honorable conditions” (OTH) characterization of service with an RE-4 reentry code.  Ultimately, on 26 November 2014 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) due to your lack of maturity during your term of service you made many mistakes that reflected poorly on the way your peers and superiors viewed you and you are not proud of the way you conducted yourself, (b) your actions at the time were immediate and without thoughts of consequences or the effects they would have on yourself or others, and now you understand the importance of your decisions and the affect they will have on your future well-being and success, (c) your mistakes from your past are not a clear reflection of your values or character where you stand today, and you have since grown in your faith and built many solid relationships which have helped hold you accountable while also enabling a sincere self-growth, and (d) that you would like to join the U.S. Army.  Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant changing your reentry/reenlistment code or granting any other relief in your case. 
 
Absent a material error or injustice, the Board generally will not summarily change a reentry code or upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  The Board noted that no evidence exists in the record that any missed drills were made up, and concluded that the absences were without legal authority, justification, or excuse.  Accordingly, the Board determined that there was no impropriety or inequity in your discharge, and concluded that the record merited an OTH discharge and RE-4 reentry code. 
 
Additionally, the Board reviewed your application under the guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 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, the Board concluded that, given the totality of the circumstances, the 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,