DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 941-08
18 August 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 1452.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 Augugt 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, togdther with all material submitted in support
thereof, your naval ra@cord and applicable statutes, regulations
and policies.
After careful and conslcientious 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 ypu enlisted in the Marine Corps Reserve on
25 February 1977. 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|1 March 1977, and were released from
active duty on 28 July|1977 and transferred to a Marine Corps
Reserve unit.
On 6 March 1978 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of unsatisfadtory participation due to your failure to
attend regularly scheduled drills. After review by the discharge
authority, the recommerjdation for separation was approved and on
15 May 1978 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, good post
service conduct, and thle contention that you did not attend
drills due to drug and alcohol abuse. The Board concluded that
those factors were insulfficient 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 cann
bt be taken. You are entitled to have the
Board reconsider its fectsion upon submission of new and material
evidence or other mat
In this regard, it is
er not previously considered by the Board.
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
existence of probable
on the applicant to demonstrate the
material error or injustice.
Sincerely,
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