DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 3862-00
17 September 2001
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 September 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.
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.
The Board found that you enlisted in the Marine Corps Reserve on
17 November 1972 at age 17.
contract required you to participate in 48 drills and perform 14
days of active duty for training (ACDUTRA) each year.
reported for initial ACDUTRA on the same date you were enlisted.
Subsequently, you received two nonjudicial punishments.
offenses included an unauthorized absence of four days and
failure to obey a lawful order.
from active duty and assigned to a Marine Corps Reserve Unit.
On 18 August 1973 you received nonjudicial punishment for
sleeping on post while on ACDUTRA.
On 14 January 1975 the commanding officer recommended that you be
separated with an undesirable discharge by reason of shirking due
to failue to attend regularly scheduled drills.
When informed of
the recommendation, you elected to waive your right to present
your case to an administrative discharge board.
After review by
the discharge authority,
the recommendation for separation was
In this regard, your enlistment
On 28 May 1973 you were released
V
You
The
such as the contention that you
approved and on 27 June 1975 you received an undesirable
discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
missed drills due to being hospitalized.
However, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge.
In this regard, there is
no evidence in the record that medical problems prevented you
from drilling, and you have presented none.
Accordingly, your
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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 PFEIFFER
Executive Director
Copy to: Mr. Peter
DiMaria
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