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

Docket No: 2424-20 
Ref: Signature date 

Dear : 

This letter is in reference to your application of 11 March 2020 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 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 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 21 May 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 7 September 1972.  On 8 March 1973, you received non-judicial punishment for two instances of unauthorized absence totaling in excess of thirty days.  On 10 April 1973, you commenced another period of unauthorized absence until you were apprehended on 10 July 1973.  You then commenced another period of unauthorized absence on 16 July 1973 and surrendered on 18 July 1973. You completed your initial service obligation on 26 July 1973, were issued a general discharge, and you transferred to the Marine Corps Reserve on 27 July 1973. After you missed five monthly required drill weekends, and for each you were mailed a notice of your unauthorized absence status, you were mailed a notice that you were being administratively separated from the Marine Corps Reserve with a general characterization of service.  The notice was returned despite it being mailed to your address that you have put on your DD 214 when you were discharged from active duty only a few months before.  On 19 February 1974, you were discharged from the Marine Corps Reserve with a general characterization of service. 

The Board carefully weighed your contentions and mitigating factors, which include that you would like to be able to obtain a VA loan and that you are one hundred percent disabled.  Determination of eligibility for VA benefits and disability status is not within this Board’s purview.  Therefore, despite your contentions, in its review of your entire record and application, 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. 

Sincerely,