Docket No: 3167-21 Dear Petitioner: This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 30 June 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). The Board determined that your personal appearance, with or without counsel, would 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 Marine Corps Reserve on 10 August 1993. During the period from December 1995 to February 1996, you accumulated 13 unauthorized absences from regular scheduled drills. On 3 February 1996, your commanding officer (CO) notified you by certificated mail of his intention to recommend that you be separated from the Marine Corps Reserves due to failure to participate in scheduled drills. You acknowledged receiving the notification of separation but failed to return the acknowledgement resulting in you weaving your rights. On 11 March 1996, your CO forwarded your package to the separation authority (SA) recommending your discharge due to unsatisfactory participation, with and other than honorable (OTH) characterization of service. The SA approved the recommendation, and on 12 June 1996, you were so discharged. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, all of the points mentioned in the brief submitted by your counsel, your medical documentation, your desire to upgrade your discharge, change narrative reason for separation, separation code, reenlistment code, and contentions that you were separated without a separation board, never waived your rights, and had no unexcused absences due to injuring your back which prevented your from attending drills. The Board noted that the record contains documented evidence, which is contrary to your contentions. A review of your record clearly shows that during the period from December 1995 to February 1996, you accumulated 13 unauthorized absences from regular scheduled drills and after receiving the notification of separation from your CO, you failed to return the acknowledgement, which resulted in you weaving your rights to a separation board. The Board also noted your contentions that you provided your doctor’s notes to your chain of command, your doctor’s notes were lost and the Marines responsible threatened to punch you in the face, and you asked your command if there were other duties you could perform due to your injury, but were never given an answer. However, the Board determined that there is no evidence in your record, and you submitted none, to support these contentions. The Board also considered your contention that your overall service record and conduct prior to separation shows you deserve an honorable discharge. However, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. The Board also noted your contention that your post-service conduct is evidence of your good character and demonstrates that any transgression on your part during your military service was isolated. However, the Board determined that while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. Lastly, the Board noted your contention that your back injuries continue persist today, but pointed out that whether you are eligible for benefits or treatment from the Department of Veterans Affairs (DVA) is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits or treatment. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your failure to attend scheduled drills, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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 7/9/2021 Executive Director