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

Docket No: 2676-19 
Ref: Signature date

Dear

This letter 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
5 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.

Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel would not materially add to its understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Marine Corps Reserve on 11 March 1997.  You served on active duty from 11 March 1997 until 20 September 1997, when you were released after completion of required active service. Your record contains numerous administrative remark (Page 13) entries for non- recommendation for promotion, failure to make up scheduled drills, and unexcused absences. Your record is incomplete in that it does not contain documents pertaining to your administrative discharge.

The Board carefully weighed all potentially mitigating factors in your case, and considered your contention that you were given the option to drill at a different reserve location. Specifically, you contend a Gunnery Sergeant from your    command allowed you to “find a job” in  where you lived, and he would submit your request and information. The Board noted your admission that a Captain called you to inquire why you had not been participating in monthly drills at your     unit, and that when you explained what you and the Gunnery Sergeant had agreed upon, he stated he had “never heard of this gentleman.” The Board also noted the absence of any explanation of why you did not immediately rectify the situation when you realized you were considered in an unauthorized absence status because you had not been attending monthly drills. The Board also noted your contentions that you did not receive your signing bonus, your paperwork “wasn’t right,” and your identification card from boot camp expired six months earlier than you were told it would expire.  The Board considered your contentions but unfortunately did not find evidence of a probable material error or injustice that warrants upgrading your characterization of service.

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,