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

Docket No: 1216-19  
Ref: Signature Date 

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 19 September 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 7 December 1999.  During your enlistment, you received three nonjudicial punishments for unauthorized absence and disobeying orders, and five adverse administrative counselings for misconduct consisting of failing field day inspections and physical fitness test failures.  You were counseled on 6 November 2003 that you would not be recommended for reenlistment due to a pattern of misconduct.  On 6 December 2003, you were discharged at the completion of required active service with a general, under honorable conditions (GEN), characterization of service and transferred to the Individual Ready Reserve (IRR).  On 18 June 2007, you were honorably discharged from the IRR. 

The Board considered your contention that you received a discharge certificate reflecting your 18 June 2007 honorable discharge, but your state and employers do not consider you honorably discharged because of your DD Form 214 reflecting a GEN discharge.  Unfortunately, the Board did not find evidence of an error or injustice, nor did you submit any evidence, that warrants upgrading your characterization of service.  The Board also noted the apparent confusion between the DD Form 214 and the certificate received upon your discharge from the IRR on 18 June 2007.  The DD Form 214 reflects your active duty time in the Marine Corps and the discharge certificate you received only reflects your time in the IRR.  Based on your service record, the Board determined you were assigned an appropriate characterization of service when you were discharged at the completion of required active service because you had engaged in a pattern of misconduct while on active duty.  

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,

 
10/24/2019