DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10787-07
26 September 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 25 September 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. In addition, it considered the
enclosed advisory opinion from Headquarters Marine Corps dated 9
February 1987 and your response thereto.
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. In this regard, the Board substantially
concurred with the comments contained in the advisory opinion.
In addition, the Board found that your discharge under other
than honorable conditions for failing to attend Marine Corps
Reserve training took precedence over and precluded disability
evaluation processing in your case. 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 PFE R
Executive D tor
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103 IN REPLY’ REFER TO:
1800
MMSR-5
9 Feb 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: ADVISORY OPINION IN THE CASE OF FORMER ee
Ref: (a) MMER Route Sheet of 3 Jan 07, Docket No. 05407-06
1. The reference requests an advisory opinion on Mr.
petition to correct his record to show he received an honorable
characterization of service.
2. eee, service record shows that he was discharges
due to his failure to participate in the Reserves. His record
shows that he did not attend the following scheduled drills: 6
and 7 December 1997; 10 and 11 January 1998; 7 and 8 February
-1998; 7 and 8 March 1998; and 3, 4 and 5 April 1998.
3. Although Wane provided medical documentation to the
Board, the documentation does not cover the dates of the missing
drills that formed the basis of his separation from the Marine
Corps Reserve.
4. Based on the above, it is recommended that nae
petition to change his characterization of service to be denied.
eparation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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