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NAVY | BCNR | CY2007 | 00307-07
Original file (00307-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00




 JRE
 Docket No. 00307-07
11 January 2008




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—me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2008. 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 5 May 1998, and were assigned to a Marine Corps Reserve unit on
 8 November 1998. During the period from 13 October 2000 to 22 March 2002, you had sixty-one unexcused absences from drills. On 17 September 2002, Commanding General, 4 Marine Division, directed that you be separated from the Marine Corps Reserve with a discharge under other than honorable conditions due to your failure to participate in training.
The Board could not find any indication in the available records that you were not physically qualified for service or unf it for duty by reason of a physical disability that was incurred in or aggravated by your service, or that you suffered from a mental disorder which would have provided a basis for excusing your absence from training. Accordingly, there is no basis for corrective action in your case, and 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 PFIEFFER
                                                                         Executive Director

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