DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3039-08
25 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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 August 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
12 July 1981. 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 27 April 1982. On 15 November 1982 you were
released from active duty and assigned to a Marine Corps Reserve
(USMCR) unit.
On 21 August 1985 your commanding officer recommended that you be
separated from the USMCR 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 12 September 1985 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 personal problems
and good post service conduct. The Board concluded that those
factors were insufficient to warrant recharacterization of your
discharge, given your failure to attend numerous 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
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
Executive Di
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