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

Docket No. 9121-19 
Ref: Signature Date 

Dear :
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (BCNR or Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on April 23, 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 requested reconsideration of BCNR decision Docket No. 514-19 with submission of new matters. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board determined that Marine Resource Order Writing Service (MROWS), Active Duty Operational Support contingency orders 2048515/0/ACO issued on November 14, 2016 provided a termination date effective June 20, 2017.  Prior to that date, on May 26, 2017, you were issued MROWS/2122549 orders for assignment to active duty with the Marine Corps Reserve Active Reserve (AR) program effective June 22, 2017.  The Board concluded that MCO 1001.52J states that Marines accepted to the AR program and transitioning from active duty [ADOS] may be joined to the AR program without a break in active service.  Therefore, the determination made Headquarters Marine Corps (RAM) to issue orders containing a break in service was appropriate.

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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,