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

Docket No: 9694-19              
Ref: Signature Date 

This is in reference to your application of 30 September 2019 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 16 December 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps Reserve on 31 May 1994, for a period of eight years.  You served a period of active duty from 20 June 1994 through December 1994, for which you received a Certificate of Release or Discharge from Active Duty (DD Form 214), noting the completion of your required active service.  You continued in the Marine Corps Reserve, and were discharged honorably on 15 August 1999. 

In your petition to the Board, you ask for a change to your active duty discharge date.  You state that 15 August 1999 is your actual discharge from active duty date.  The Board, in its review of your entire application, carefully weighed all potentially mitigating factors in your case, including your contention that your discharge date is erroneously documented in your record.  The Board noted that DD Form 214s are issued upon a period of active duty service, and that your duty after your initial period of active service from 20 June 1994 through December 1994, was executed while you were in a reserve status.  A 24 August 1999 letter from Inspector-Instructor/Commanding Officer to you notes that you had been found unfit to perform the duties of your grade and were directed to be discharged by reason of physical disability.  The letter notes that your total active service was 5 months and 19 days, with 2 years, 6 months, and 11 days of total inactive duty service.  The Board concluded that the information in your record establishes that you were in a reserve status not on active duty, until 15 August 1999, and therefore were not entitled to the issuance of a DD Form 214 reflecting 15 August 1999 as your discharge from active duty date. 

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, 


1/28/2020