Docket No. 443-20
Ref: Signature Date
 
 
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 November 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, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Headquarters Marine Corps (HQMC) memorandum 1900 MMSR of 7 April 2020 and your response to the opinion.   
    
On 28 February 2010, you were released from active duty in order to accept commission or warrant in same branch of service.  On 1 March 2010, you were commissioned as a Second Lieutenant in the U.S. Marine Corps.  On 16 December 2018, you were discharged as a Captain from Marine Corps in order to interdepartmental transfer.  On 8 April 2019, Air Force Board of Corrections of Military Records (AFBCMR) acknowledged receipt of your application.  On 29 January 2020, AFBCMR notified you that they were unable to change your EAD (entered active duty) date. 
 
You requested that your separation date reflect a date between 24 November 2018 and 3 December 2018; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that the Marine Corps has no obligation to change an end of active service date that is legitimate and proper.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
    
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,