No: 9564-19 
Ref: Signature date 

 
 
Dear: 
 
This letter 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 29 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps Reserve, and on 22 March 1977, you commenced an initial period of active duty for training.  On 5 August 1977, you were released from active duty, received an honorable discharge, and transferred to a Marine Corps Reserve unit.  In October and December 1977, you were counseled concerning your deficiencies in meeting your reserve obligations, having missed 28 drills in a year.  In November 1978, you were again counseled concerning your unsatisfactory participation having missed 15 more drills in a year.  In May, August, and October 1979, you were mailed letters concerning your unsatisfactory participation in the reserves.  On 9 December 1979, you were notified that you were being processed for administrative discharge due to failure to meet participation standards in the Marine Corps Reserve (“shirking”).  On 20 February 1980, you were discharged from the Marine Corps Reserve with an other than honorable characterization of service.  You sought review of your discharge characterization in 1983 from the Naval Discharge Review Board (NDRB), before which you made similar contentions as in your current petition to this Board.  The NDRB denied your petition. 
 
In your current case, the Board carefully weighed all of your contentions as well as all potentially mitigating factors, including your contention that you had a demanding job at the time, that your unit did not work with you to accommodate your work situation, and that the recordkeeping was poor.  You also contend that you have been a model citizen all of your life.  The Board considered your application in light of the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  In making its decision, the Board considered that, according to the records, it appears that you had several warnings and were provided several opportunities to work with your reserve unit to make some accommodation to meet your drilling requirements.  You were also provided an opportunity to address any of your concerns in the administrative separation process.  After careful consideration of your contentions and materials, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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.