DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 8703-01
11 April 2002
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 10 April 2002. 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, 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 for
six years on 5 December 1975. In this regard, your enlistment
contract required you to participate in 48 drills and perform 14
days of active duty for training (ACDUTRA) each year. You
reported for initial ACDUTRA on 7 May 1976. On 3 August 1976 you
were released from active duty and assigned to a Marine Corps
Reserve Unit.
On 8 December 1978 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to shirking for failure to attend any regularly
scheduled drills after August 1978. When informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and on 13 March 1979 you received an other than
honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity, and the contentions that you attached to your
application. However, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge. The Board noted the record reflects that you failed
to attend scheduled drills over a period of time, and you have
submitted no evidence to the contrary. This failure was
sufficient to warrant an other than honorable discharge.
~Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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 PFEIFFER
Executive Director
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