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

Docket No. 2131-19 
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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps memo 1820 MMSR-5 of 7 June 2019; a copy of which was previously provided to you for comment. 

On 7 January 1972, you enlisted in the U.S. Marine Corps Reserve for 6 years and entered active duty; you were released from your initial tour of active duty for training on 2 December 1972.  On 20 November 1979, you were commissioned as a Second Lieutenant in the U.S. Marine Corps Reserve.  On 26 November 1990, you entered active duty, and you were released from active duty upon completion of required active service (involuntary recall) on 9 June 1991.  On 31 July 1996, you were transferred to the retired to the reserve without pay with a total of 22 years of qualifying service.  On 17 June 2010, you transferred to the retired list with pay. 

You stated that the 2 periods of active service are causing you to be denied benefits from the VA, and you believe the records to be in error for purely administrative reasons; 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 DD Form 214 is prepared only upon release or discharge from active duty.  Since you did not serve on active duty after 9 June 1991 while a member of the Marine Corps Reserve, other than active duty for training, you are not entitled to an additional DD Form 214.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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, 


2/23/2020