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

Docket No. 361-20 
Ref: Signature Date 

Dear

This is in reference to your application 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 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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.  
A review of your record shows that you entered active duty with the Marine Corps Reserve on 9 February 1981.  Your medical record shows you were seen for a mild cough on 10 February 1981, foot pain and tingling in both hands on 27 February 1981, and a temperature on 4 March 1981.  On 5 March 1981, you were discharged due to unsatisfactory leadership and academics with an Honorable characterization of service. 

The Board carefully considered your arguments that you were unfit for continued naval service at the time of your discharge due to a back, left shoulder, and neck injury suffered during basic training.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence to support your assertion that you were unable to perform the duties of your office, grade, rank or rating due to a disability condition.  The 27 February 1981 medical entry in your record show that you were diagnosed with a contusion on your right foot and cold hands related to hyperventilation.  The day prior to your discharge, you were diagnosed with mild cold symptoms. In both cases, the Board determined the preponderance of the evidence does not support a finding that you were unable to perform the duties of your office, grade, rank or rating.  However, the Board found evidence you failed to meet academic standards necessary to continue Marine Corps training.  Based on this evidence, the Board concluded you were appropriately discharged for your poor academic performance.  The Board considered your argument that you were academically qualified to continue training since you were selected as an officer candidate based on your high test scores.  Nevertheless, the Board determined that your preservice academic qualifications were not probative to your inability to maintain Marine Corps academic standards since many of the military academic subjects deal with military subject matter with no correlation to civilian academic subjects. Absent evidence that you maintained Marine Corps academic standards while on active duty, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 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,