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NAVY | BCNR | CY2001 | 08703-01
Original file (08703-01.pdf) Auto-classification: Denied
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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