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NAVY | BCNR | CY2005 | 06815-05
Original file (06815-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 2O37O -5100



                                                      CRS
                                                      Docket No: 6815-05
                                                                                           6 October 2006





This is in reference to your application for reconsideration 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 13 September 2006. 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 on 7 November 1986. Under the terms of your enlistment contract, you were required to participate in 48 drills and perform 14 days of active for training (ACDUTRA) each year. You reported for initial ACDUTRA on 12 November 1986. On 29 April 1987 you received nonjudicjal punishment for failure to obey a lawful order and disrespect. On 7 May 1987 you were released from active duty and assigned to a Marine Corps Reserve unit.
On 3 June 1990 your commanding officer recommended that you be separated with an other than honorable discharge by reason of unsatisfactory participation due to 26 unexcused absences from drills. 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 23 August 1990 you received an other than honorable discharge. At that time, you were assigned an reenlistment code of RE-4.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your reserve service in the Air National Guard and the Navy Reserve. However, the Board concluded that these factors were not sufficient to warrant recharacterjzation of your discharge. In this regard, the Board considered your failure to attend drills was sufficient to warrant an other than honorable discharge.
As a reservist, you were incorrectly given a reenlistment code. However, that code means that you were not recommended for reenlistment. Such a recommendation was appropriate for a reservist separated by reason of unsatisfactory participation.
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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