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

Docket No: 1646-19 
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 that 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 16 June 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. 

You enlisted in the Marine Corps and began a period of active duty on 8 September 1975.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith.  Based on your Certificate of Release or Discharge from Active Duty (DD 214), you received an honorable discharge from the Marine Corps on 30 October 1975, due to an erroneous entry.  It also appears that when you were discharge, you were provided with a DD 214 that did not show the authority and reason for your discharge, or your reenlistment code.  Please be advised that in your official record, your DD 214 does show the authority and reason for your discharge as “MARCORSEPMAN JFC1 DSO 660-75” (Erroneous Entry) and reenlistment code of “RE-3P” (Failure to Meet Physical Standards), a copy of which is enclosed. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your narrative reason for discharge reflect that you were discharged for a service connected disability.  The Board also considered your assertion that you were granted 100 percent disability by the Department of Veterans Affairs for service connected Schizophrenia that was aggravated by your brief period of Marine Corps service.  The Board concluded these factors and assertions were insufficient to warrant any corrections given, the available evidence. 

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,