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

Docket No: 9140-18 
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 application on its merits. A three- member panel of the Board, sitting in executive session, considered your application on 8 October 2019. 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 your initial active duty for training (IADT) on 6 July 1994. On 2 December 1994, you received non-judicial punishment (NJP) for unauthorized absence. On 17 December 1994, you were released from IADT at the completion of your required active service. Subsequently, you joined 2d Battalion, 25th Marines as a member of the Selected Marine Corps Reserve. On 11 February 1996, you were counseled by your commanding officer (CO) on 16 instances of failing to participate in scheduled drills. As a result, you were reduced in grade due to your failure to participate. On 5 May 1996, your CO notified you by certified mail of pending administrative separation action by reason of misconduct due to failure to participate. You forfeited your rights by not responding to the certified letter and your CO recommended that you be discharged with an under other than honorable (OTH) conditions characterization of service by reason of unsatisfactory participation. On 22 January 1997, you were counseled by your CO regarding three instances of failing to participate in scheduled drills. On 5 May 1997, the discharge authority directed that you be separated with an under other than honorable characterization of service by reason of failure to participate. On 9 May 1997, you were discharged from the Marine Corps Reserve.

The Board carefully weighed all potentially mitigating factors, such as your desire for a final Certificate of Release of Discharge from Active Duty (DD Form 214) that does not contain the Box 18 remark of “this is not a final discharge”. In this regard, the Board concluded that your DD Form 214 issued in 1994 does not contain any administrative errors and that as a member of the Marine Corps Reserve you were not eligible for a DD Form 214 at the time of your discharge.

The DD Form 214 provides a brief, clear-cut record of a period or term of active military service when the period of active service was 90 days or more. Your release from IADT was not a final discharge from the Marine Corps, as such, the remark “this is not a final discharge” is administratively correct. As you did not serve any additional periods of active service of 90 days or more, you are not eligible for any additional DD Forms 214.

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,