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NAVY | BCNR | CY2007 | 06702-07
Original file (06702-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100


CRS
                                                                                          Docket No: 6702-07
                                                                                          18 January 2008








This is in reference t o 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 mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 Dece mbe r 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 21 October 2002. 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 21 October 2002. On 28 March 2003 you were released from active duty and assigned to a Marine Corps Reserve unit.
On 2 February 2004 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 and annual ACDUTRA. After review by the discharge authority, the recommendation for separation was approved and on 27 April 2004 you received a discharge under other than honorable conditions. You were not recommended for reenlistment. The Board concluded that such a recommendation was appropriate for an individual 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.
The Board did not consider whether your characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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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