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NAVY | BCNR | CY2002 | 02632-02
Original file (02632-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

WMP
Docket No:
19 September 2002

2632-02

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 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures.applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.

Documentary material considered by the Board consisted

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.

The Board found that you enlisted in the Marine Corps Reserve on
5 October 1972 for six years at age 18.
that you completed your initial period of active duty for
training on 4 April 1973, and returned to your reserve unit.

Your record reflects

Your commanding officer forwarded a letter to you by

Your record further shows that you attended your required drills
until 14 October 1973, when you failed to appear for four
drills.
certified mail, which you received on 20 October 1973, that
directed you to report to your unit.
reported to your unit, received counseling from your commanding
officer concerning your missed drills and were assigned drills
on 19-20 November 1973 to make up for your missed drills.
completed these drills.

On 17 November 1973 you

You

YOU
for regularly scheduled drills, a non-

Your record further shows that on 7 December 1973, when
again failed to appear
commissioned officer was sent to your residence and provided you
You
with transportation to your unit, which was in the field.
in the drills and were again
reported unprepared to participate
You were offered a future
counseled by the commanding officer.
date to make-up your missed drills, however, you refused to make
up these missed drills, and departed the unit.

 

your received a letter from commanding
On 19 December 1973,
officer by certified mail concerning your missed drills of 7
December 1973.
concerning your missed drills, however, you never responded to
On 20 January 1974 you
this letter or reported to your unit.
were again absent from required drills.

You were directed to report to the unit

On 28 January 1974 you were notified that you being recommended
for an undesirable discharge by reason of unfitness for failure
You received the
to attend Marine Corps Reserve drills.
notification letter by certified mail on 28 January 1974,
however, you never responded.
you waived all of your procedural rights.

Based on your failure to respond,

On 28 January 1974, an administrative discharge board (ADB) was
ordered to be convened by Headquarters,  
District.
the separation action,
the Commandant of the Marine Corps (CMC) via Headquarters,
Marine Corps District.

recommending an undesirable discharge, to
12th

On 9 February 1974 the commanding officer forwarded

12t" Marine Corps

On 28 March 1974 you were informed by letter that your ADB
convene on 11 April 1974,
On 11 April 1974, the ADB convened to consider your case and
recommended that you receive an undesirable discharge by reason
of unfitness due to shirking.

unless you responded by 10 April

would
1974.

On 17 April 1974, Headquarters,  
recommended an undesirable discharge to CMC based on the
findings of the ADB of 11 April 1974.
directed an undesirable discharge by reason of unfitness due to
shirking and a reduction to  
discharge.

On 10 June 1974, you were so discharged.

12th Marine Corps District

On 21 May 1974 CMC

paygrade E-l in conjunction with the

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
However, the Board concluded that the record fully
immaturity.
supports your undesirable discharge based on your total failure
to meet your Marine Corps Reserve obligations after October
1973, your refusal to respond to the last letter concerning your
drill status and the letter of notification concerning the
The Board further noted
administrative separation processing.
that you failed to respond to or appear before the ADB to argue
your case or provide justification for your lack of reserve
participation.
The names and votes of the members of the panel will be
furnished upon request.

Accordingly, your application has been denied.

You are entitled to have

In this regard, it is important to keep in mind that

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches to all official records.
Consequently,
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

when applying for a correction of an official

Sincerely,

W. DEAN PFEIFFER
Executive Director

3



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