DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 3670-08
15 January 2009
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 January 2009. 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.
You enlisted in the Marine Corps Reserve on 12 December 1994 for
eight years. At that time, you acknowledged the requirement to
perform 48 drills and 14 days active duty for training each year
for six years. On.1 July 1995 you completed six months of
initial active duty for training. At the end of your second
anniversary year on 11 December 1996 you were credited with only
21 drills and 14 days active duty for training and 15 membership
points. On 6 August 1997 you were sent a letter informing you of
the consequences of unsatisfactory participation. At the end of
your anniversary year on 11 December 1997, you were credited with
40 drills and 15 membership points. On 16 April and 11 August
1998 you were again sent letters informing you of the possible
consequences of continuing your unsatisfactory participation. At
the end of your anniversary year on 11 December 1998 you were
only credited with 11 drills and 15 membership points.
Based on this record of unsatisfactory participation you were
processed for an administrative separation from the Marine Corps
Reserve. The microfiche entries of your separation documents are
essentially illegible. However, the entry showing that the
separation package was reviewed by a military lawyer and found to
be sufficient in law and fact can be read. A computer print out
shows that you were discharged on 14 December 1998 by reason of
unsatisfactory participation in the Marine Corps Reserve. It
appears that the characterization of service is under other than
honorable conditions which is the normal characterization of
service in cases such as this.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention, in
effect, that you could not participate in the Marine Corps
Reserve because of an illness in your family. The Board found
that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your three years of
unsatisfactory participation. Further, it is clear that you were
on notice of the requirements for satisfactory participation and
there is nothing in the record to show that you responded to
warnings of the possible consequences of continuing your poor
participation. Since you have been treated no differently than
others separated for unsatisfactory participation the Board could
not find an error or injustice in your case. The Board concluded
that the discharge was proper as issued and no change is
warranted.
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,
\Wurs
W. DEAN PFE
Executive Dil u
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