DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No: 4020-21 
Ref: Signature Date 
 
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 28 July 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 13 May 1992.  During the period from January 1995 to October 1996, you accumulated 28 unauthorized absences from regular scheduled drills.  On 7 November 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 waiving your rights.  On 23 January 1997, 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 14 March 1997, 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, your desire to upgrade your discharge and contentions that your recruiter lied to you about the length of your enlistment and after completing four years, you were told you had two more years before your enlistment was completed.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 

The Board also noted your contention that since discharge, you completed a Bachelor’s Degree in Public Health from Pennsylvania State University and have been employed as a Pharmaceutical Sales Representative.  The Board noted while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps Reserve or the basis for your discharge. 
 
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 

8/6/2021
Executive Director