DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 SO. COURTHOUSE RD STE 1001
ARLINGTON VA  22204

Docket No. 0914-19
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 12 February 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 issues 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 Navy Reserve on 30 August 1976 and began a period of active duty for training.  You were subsequently released from your initial tour of active duty for training with an honorable characterization of service on 10 January 1977.  The record reflects that during the periods from 1 January 1978 to 1 December 1978, you accumulated 22 unauthorized absences from scheduled drills; from 2 December 1978 to 31 December 1979, you accumulated 53 unauthorized absences from scheduled drills; and from 1 January 1980 to 1 December 1980, you accumulated 42 unauthorized absences from scheduled drills.  Subsequently, you were notified via certified mail of the commanding officer’s intent to recommend you for administrative separation action by reason of unsatisfactory participation in the ready reserve.  However, you failed to respond to the notification, thus, waving your procedural rights.  The commanding officer recommended you receive an other than honorable (OTH) characterization of service for unsatisfactory participation in the ready reserve, which the separation authority approved. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board also considered your contention that upon the beginning of your reserve duties your then wife had left you and your son who was two years old.  She never said that she was leaving nor where she was going.  You were supporting yourself and your son and trying to find out what had happened to your wife. Finally, you were informed that your wife was fine and that she had started a new life.  You were forced to work six days a week to support your son and yourself.  You were able to attend a few weekends but as time went on your responsibilities increased dramatically with the death of your brother and sister as you tried to help support their families.  You are truly proud to be a Marine; you only wish that things in your life were different.  The Board was sympathetic to your circumstances, however, concluded that these factors were not sufficient to warrant relief given your unsatisfactory participation in the reserves.  After a thorough review of the facts and circumstances unique to your case, the Board discerned no material error or injustice in your discharge. 

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,