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

Docket No: 3536-19               
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 25 November 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 January 1997.  On 25 July 1997, you were released from active duty and transferred to the US Marine Corps Reserve.  As of 15 October 1999, you had missed 21 drills and were not recommended for promotion to Corporal during the quarter from October 1999 to December 1999.  On 15 December 2000, due to additional missed drills, you were not recommended for promotion to Corporal for the quarter from January 2000 to March 2000.  On 4 April 2000, due to continued absence from drills, you were not recommended for promotion to Corporal for the quarter from April 2000 to June 2000.  On, 18 October 2002, due to a pending administrative separation, you were not recommended for promotion to Lance Corporal.  Subsequently, administrative discharge action was initiated and you were separated from the Marine Corps Reserve with a General discharge. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that you had an auto accident during your second Active Duty for Special Work (ADSW) tour and you were a medical absentee for several months.  The Board also considered that you chose the option of honorable discharge, that you were a good Marine, were injured, and never got into any trouble.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your missed drills, which resulted in three non-recommendations for promotion. 

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, 

12/31/2019