DEPARTMENT OF THE NAVY 

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

FEB 2 5 2019 

Docket No: 7759-17 

In late August 1999, your command initiated administrative discharge proceedings by reason of 
unsatisfactory participation for failure to attend regularly scheduled drills. On 26 August 1999, 
your command attempted a personal delivery ofthe administrative separation notification and 
acknowledgement ofrights forms to the address you provided to the 
Marine Corps. After the unsuccessful attempt, you were mailed such forms on 30 August 1999 
by certified U.S. Mail with a return receipt. The envelope was eventually returned to the 
command unclaimed. 

The Board carefully weighed all potentially mitigating factors, such as your contentions, 
including but not limited to, that you should have received a medical discharge and that your 
case was going to go in front ofa medical review board, that you checked in with your unit 
medical representative at least once a month, and that you never received the administrative 
separation notification paperwork. The Board, however, concluded that these factors were not 
sufficient to warrant relief in your case. First, on the letter removing you from the TNPQ list, 
you were a "Copy to" addressee, which placed you on notice that you were returned to a full 
duty status in April 1999. Second, the Board noted in your command's separation 
recommendation package it states: 

"As of the 20th of April 1999, he was returned to full duty status with no 
limitations. After that date this Marine refused to attend drills and after countless 
contacts with the Marine he stated his desire to be discharged and the proceedings 
were initiated." 

This clearly indicates that your command was in contact with you about your delinquent 
attendance prior to your command initiating administrative separation proceedings, and that you 
asked to be discharged. Your separation from the Marine Corps Reserve could have hardly come 
as a surprise. Third and finally, the address the separation paperwork was sent to was an address 
you provided to the command. As a Reservist, if you moved, it was your responsibility to keep 
your command informed of any change in your mailing address. Your command made good 
faith efforts to deliver your separation paperwork to your last known address. Moreover, the 
correspondence was returned to the command "unclaimed," and not stamped "addressee 
unknown," "undeliverable," or "forwarding address expired," which would have indicated that 
you no longer lived at that address. 

The Board determined that there was no impropriety or inequity in your discharge, and 
ultimately concluded that the seriousness ofyour misconduct clearly supported the Officer in 
Charge's decision to process you administratively for a discharge, and for the separation 
authority to ultimately issue an other than honorable discharge. 

It is regretted that the circumstances ofyour reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence of sufficient new and material evidence for reconsideration, the 
decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court ofappropriate jurisdiction. 

Itis important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director