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

Docket No: 304-20 
Ref: Signature date 

Dear 
 
This is in reference to your application of 6 January 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 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 31 March 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 Reserve and began a period of active duty on 31 May 2000 and were discharged on 8 December 2000 with an honorable characterization of service.  On 10 June 2003, you were not recommended for promotion due to unsatisfactory participation in the Marine Corps Reserve.  Although your complete administrative separation documentation was not included in your record, based on the final endorsement to your recommendation for discharge and your chronological history you were discharged with an other than honorable characterization of service for unsatisfactory participation, RE-4 reentry code and separation code “HSG1” on 7 September 2003.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, reentry code, separation code and narrative reason for separation.  The Board also weighed your assertions that you believe many junior leaders were upset over your quick promotions and you never received notice of your separation action.  The Board also considered your assertions that the only pertinent document is a non-recommendation for promotion.  The Board notes that a Certificate of Discharge or Release from Active Duty (DD Form 214) is only issued upon completion of a period of active duty.  Since you were discharged from inactive duty a DD-214 would not have been issued.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, the Board presumes that you were properly discharged from the Navy with a OTH characterization of service for unsatisfactory participation.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

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,