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

Docket No: 3652-19 
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 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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 22 August 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.

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

You enlisted in the Marine Corps and began a period of active duty on 18 February 1986. Your record indicates you have continuous honorable service through 17 July 1997. On 18 July 1997, you reenlisted for a period of four years. Your fitness report for the period of 2 November 2000 through 3 April 2001 marked you as “Unsatisfactory” in the comparative assessment, and comments noted that you displayed a lack of judgment when dealing with stressful situations and, despite receiving counselings, had not corrected your deficiencies; you were relieved of your primary duties due to lack of initiative and leadership. You provided a statement in response to the adverse report and noted the medical issues and personal struggles with which you dealt during the reporting period. You received another “Unsatisfactory” marking in the evaluation for the reporting period of 4 April 2001 to 2 August 2001; it was noted that you had made a serious mistake. The Directed and Additional Comments section of the evaluation notes that you were found guilty a Commanding General’s nonjudicial punishment (NJP) for larceny from the Main Exchange of merchandise valued at $62.99. You again provided a statement and noted that you felt the report did not accurately reflect your performance during the reporting period. On 28 May 2002, Commandant of the Marine Corps authorized your transfer to the Temporary Disability Retired List (TDRL). You were so transferred on 30 June 2002, with a general characterization of service.  On 3 April 2006, a Physical Evaluation Board found that you were entitled to a 30% disability rating due to Chronic Sinusitis with Exacerbating Moderate Asthma.

In your petition to the Board, you request that you be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) that reflects your assignment to the Permanent Disability Retired List (PDRL) and an honorable characterization of service. You contend that the general characterization of service has been an impediment to receiving certain benefits.

The Board carefully reviewed your application and noted your contention that your general discharge does not avail you to receipt of certain benefits for yourself and your children. The Board also noted that you wish to obtain a DD Form 214 that reflects your transfer to the PDRL. The Board noted that in accordance with BUPERSINST 1900.8 series, DD Form 214s are issued upon a servicemember’s release or discharge from an active duty status. Since you were in a TDRL status and not on active duty when the PEB found you rated 30% disability, the issuance of a DD Form 214 is not contemplated by regulatory guidance. Since DD Form 214s are not issued upon an individual’s transfer from the TDRL to the PDRL, the Board determined that corrective action is not appropriate. With regard to an upgrade to your characterization of service, the Board found that your performance during your last period of enlistment included an NJP for larceny and removal from your primary duties due to lack of initiative and leadership. The Board also noted that you appear to have had a break in your Good Conduct Medal period due to misconduct. The Board concluded that you did not provide sufficient evidence to overcome the issuance of the general characterization of service. Based on the presumption of regularity and in consideration of the adverse fitness reports you received during your final enlistment, the Board concluded that a general discharge was issued without error or injustice since significant negative aspects of your conduct or performance of duty outweighed the positive aspects of your military record. The Board determined that an upgrade to honorable is not warranted.

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,