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

Docket No: 7362-19                                                            
Ref: Signature Date 

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 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 24 May 1988.  On 16 November 1988, you received an honorable discharge at the completion of your active duty training and transferred to the Marine Corps Reserve.  On 17 November 1988, you joined your reserve unit, .  From 16 June 1989 until 1 July 1989, you participated in training at              .  In September 1990, you attended your last drill.  Between September and October 1990, you had shoulder surgery and were temporarily not qualified for active duty and required to be reevaluated by a physician every month.  In November 1990, your unit activated, but you were still not qualified for active duty.  In February 1991, you did not show up for scheduled drill and did not provide a medical excuse.  Your command attempted to contact you and reached your mother, who informed your unit that you had no telephone and no were longer living at your address of record.  In February, March, and April 1991, your unit ran you as “not scheduled” vice “absent” from drill to give you the opportunity to either obtain a medical excuse or return to drill.  On 12 September 1991, administrative action was initiated to discharge you from the naval service due to your unsatisfactory participation in the Marine Corps Reserve.  

Your command sent the notification to your last known address and, although your mother receipted for the notification, you never responded.  On 2 December 1991, you were discharged with an other than honorable (OTH) characterization of service. 

You request the Board add periods of active duty to your DD Form 214, specifically, active duty participation in Desert Storm.  You assert nothing is listed on your DD Form 214 except your initial recruit training.  The Board found no error in the records.  With respect to your contention that your DD Form 214 does not reflect your training at              and your participation in Desert Storm, the Board noted that members of the Reserve only receive a DD Form 214 for service on active duty after initial training and after serving at least 90 consecutive days.  Your record indicates your training at              was 16 days, you were not qualified for active duty when your unit activated, and you did not deploy to Desert Shield/Storm. 

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, 

4/8/2020