DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 2223-01
16 August 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 2001.
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, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
At that time, you agreed to remain in
The Board found that you enlisted in the Marine Corps Reserve on
26 January 1979 at age 19.
a drilling status for four years.
The record shows that you
reported to active duty on 20 April 1979 and completed recruit
training on 12 July 1979.
You were then carried in a legal hold
status until 14 August 1979 and were released from active duty on
7 September 1979 with your active service characterized as
Your military occupational specialty (MOS) was
honorable.
indicated to be heavy vehicle operator.
However, for some reason, no action
On that date, the
The record shows that you never attended any drills after your
release from active duty.
was taken on your case until 15 December 1982.
discharge authority directed your transfer to the Individual
Ready Reserve
During
transfer to the IRR became effective on 8 January 1983.
the period you were not drilling, you were assigned low marks in
conduct and proficiency.
non-participation was taken while you were in the IRR.
issued a general discharge on 25 January 1985 at the expiration
of your enlistment.
(IRR) because of misconduct due to shirking.
No action to discharge you due to
Your
You were
Character of service is based,
averages which are computed from marks assigned during periodic
evaluations.
average mark of 4.0 in conduct was required at the time of your
separation for a fully honorable characterization of service.
Your conduct mark average was 0.8.
in part on conduct and proficiency
A minimum
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and the
contention, in effect, that the Marine Corps
improperly.placed
you on legal hold and you did not receive your MOS.
The Board
found that these factors and contentions were not sufficient to
warrant recharacterization of your general discharge given your
failure to comply with the agreement to attend drills.
no documentation in the record to show why you were placed on
legal hold, however, it appears that the issue was resolved and
you then completed MOS training to be a heavy vehicle operator.
Given your failure to attend drills,
were fortunate to receive a general discharge.
concluded that the general discharge was proper as issued and no
change is warranted.
the Board believed that you
The Board
There is
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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 and material
evidence or other matter not previously 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,
W. DEAN PF'EIFFER
Executive Director
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