DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5017-08
17 November 2008
This ig 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 November 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
(USMCR) on 15 April 1989 after six months of prior service in the
Coast Guard Reserve. 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 25 April 1989. On 16
December 1989 you were released from active duty and assigned to
a USMCR unit.
On 8 May 1991 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 and
annual ACDUTRA. After review by the discharge authority, the
recommendation for separation was approved and on 27 Aug 1991 you
received a discharge under other than honorable conditions.
potentially mitigating factors, such as your youth, overall
service, and the contention that “the required time has elapsed
for an upgrade to be granted”. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service, given your failure to attend numerous scheduled drills
over an extended period of time. In addition, the Board noted
that there is no law or regulation which provides for the upgrade
of a discharge based solely on the passage of a certain 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 ig on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN P
Executive Di
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