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NAVY | BCNR | CY2008 | 05581-08
Original file (05581-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SUN
Docket No: 05581-08

10 April 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 7 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Marine Corps Reserve and began a period of
active duty for training on 15 May 1976 at age 20. On

16 October 1976 you were honorably released from initial active
duty for training (IADT). Based on the information currently
contained in your record it appears that after January 1979, you
missed 12 scheduled reserve drills.

On 14 March 1979, administrative discharge action was initiated
by reason of misconduct due to an established pattern of shirking
(missing drills). You were notified of this by registered mail
on 22 March 1979. Your commanding officer (CO) stated, in part,
that you failed to respond to the notification and were absent
again without authorization from drills in April 1979. Further,
he stated that your repeated failures to respond to the letters
advising you of the consequence of your failure to attend
training left him no recourse but to administratively separate
you from the Marine Corps Reserve.
On 20 April 1979, your CO recommended discharge by reason of
misconduct, with a characterization of service of under other
than honorable conditions. On 21 May 1979, the discharge
authority directed an other than honorable discharge by reason of
misconduct. You were so discharge on 6 June 1979.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and period
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge because of your failure to drill with your reserve
unit. 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,

\y

W. DEAN P
Executive Di

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