DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 550-07
18 April 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-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 March 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
29 July 1982. Under the terms of your enlistment contract, you
were required to participate in 48 drills and perform 14 days of
active duty for training (ACDUTRA) each year. You reported for
initial ACDUTRA on 29 November 1982. On 13 May 1983 you were
convicted by a summary court-martial of willful disobedience of a
lawful order and drunk and disorderly conduct. On 12 August 1983
you were released from active duty and assigned to a Marine Corps
Reserve unit.
On 29 May 1984 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of unsatisfactory participation due to your failure to
attend regularly scheduled drills. After review by the discharge
authority, the recommendation for separation was approved and on
20: June 1984 you received a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
given your failure to attend scheduled drills over an extended
period of time. 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
== ey TOGence oro other-matter not previcousty considered-by the Boara
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,
ls Nas
W. DEAN PF]
Executive
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