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

Docket No: 8509-18 Date:
Ref Signature 

This is in reference to your application of 19 August 2018 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 that 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 30 October 2019.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps Reserves and completed a period of active service on 23 March 1991.  From the period beginning on 10 January 1993 to 4 April 1993 you were counseled on three occasions regarding your physical fitness test (PFT) failure and failure to maintain proper Marine Corps height and weight standards. You were counseled on 9 January 1994, and 7 May 1994, regarding your unsatisfactory participation.  On 25 August 1994, you were notified of administrative separation processing for unsatisfactory participation. On 28 November 1994, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of unsatisfactory participation.  On 31 January 1995, your administrative separation proceedings were determined to be sufficient in law and fact.  The separation authority approved your discharge and directed an OTH characterization of service by reason of unsatisfactory participation, and on 8 February 1995, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention you would like to become an active member in the Marine Corps .  There is no requirement or law that grants recharacterization solely on the issue of membership in veterans’ organizations.  The Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on your unsatisfactory participation.  

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,