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NAVY | BCNR | CY2007 | 06069-07
Original file (06069-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

CRS
                                                                                          Docket No: 6069-07
                                                                                          1 November 2007



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 24 October 2007. 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 3 November 1988. 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 24July 1989. On 24 January 1990 you were released from active duty and assigned to a Marine Corps Reserve unit. On 25 November 1990 you were involuntarily recalled to active duty for Operation Desert Storm. On 4 August 1991 you completed your active duty recall and returned to your unit. You did not attend any further drills even though the Reserve Center attempted to contact you on numerous occasions after 1 September
1991.
On 19 December 1991 your commanding officer recommended that you be separated from the service with a discharge under other than honorable conditions by reason of unsatisfactory participation due to your failure to attend regularly scheduled drills. When informed of this 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 21 April 1992 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 contention that you were exposed to the nerve agent Sarin and were taking ?~mitripty1ine, which causes sleepiness. The Board concluded that those contentions, which are unsubstantiated, are insufficient to excuse your failure to attend scheduled drills or warrant recharacterization of your 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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