Docket No: 7119-19 
Ref: Signature Date           
 
Dear : 
 
This is in reference to your application of 10 July 2019 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 9 March 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 10 February 1993.  On 24 February 1993, a medical officer determined you had a condition that existed prior to your entry on active duty that interfered with your ability to continue training.  On 3 March 1993, you were discharged with an uncharacterized characterization of service, a separation code “JFC1,” a reentry code “RE-3C,” and a narrative reason for separation “Erroneous Enlistment Bilateral Patellar Tendonitis without Administrative Discharge Board.”  On 11 July 1996, you submitted congressional correspondence requesting a discharge upgrade from uncharacterized to honorable so that you could join the Dallas Police Department and were informed that you needed to petition the Naval Discharge Review Board.  On 20 February 1997, the NDRB informed you that your discharge was proper as issued and no change was warranted.  On 20 January 2000, you reported to Officer Candidate School (OCS).  On 20 March 2000, you requested to be dropped from OCS because the Marine Corps lifestyle was not compatible with your wife’s occupation and you had the opportunity for a promotion with your former employer.  On 27 March 2000, you were disenrolled from OCS and not recommended to return to another OCS class.  You were discharged with an entry-level separation.  In 2012, you were commissioned in the United States Navy Reserve (USNR).  On 23 October 2013, your command requested to separate you for failure to complete the designator training requirements of a Supply Corps officer.  On 28 February 2014, you were involuntarily separated from the USMR with an honorable characterization of service. 
 
You request that the Board upgrade your initial discharge from the Marine Corps in 1993 to honorable.  You assert that since that time, you served honorably.  You claim your DD Form 214 continues to be a disadvantage and unfair hurdle for you with employers.  Additionally, you state it would be in the interest of the Board to upgrade due to the fact that you were selected for USMC OCS and commissioned in the USNR.  In support of your petition, you attached a copies of VA documents, OCS documents, and your USNR Discharge Certificate. 
 
The Board found no error in the records.  The Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service.  Marine Corps directives authorize an uncharacterized entry-level separation if the processing of a Marine’s separation begins within 180 days of active duty. 
 
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.