DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6735-08
19 March 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
18 March 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.
On 25 April 1975, you enlisted in the Marine Corps Reserve at age 19
and immediately began a period of active duty. On 27 August 1975,
you were honorably released from active duty and then began serving
in the Select Marine Corps Reserve. You subsequently accumulated 19
unauthorized absences from drill and annual training, refused offers
to make up missed drills, and had one drill was declared as
unsatisfactory because you failed to meet minimum grooming standards.
On 22 February 1978, your commanding officer initiated administrative
separation by reason of misconduct due to shirking. In connection
with this processing you were notified of the separation action, that
it could result in an other than honorable (OTH) discharge, and were
advised that you had the right to have your case heard by an
administrative discharge board (ADB). However, you failed to
respond. On 3 March 1978, the staff judge advocate found that your
case was sufficient in law and fact. On 9 March 1978, the separation
authority approved the recommendation and directed an OTH discharge
by reason of misconduct due to shirking. On 16 March 1978, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
period of honorable service during your initial active duty for
training, and contentions that the reserves were not suited for your
needs and you were denied enlistment in the regular Marine Corps
after you returned to your reserve unit. Nevertheless, the Board
concluded that these factors and contentions were not sufficient to
warrant recharacterization of your discharge due to the seriousness
of your misconduct. The Board also noted that you waived the right
to have your case heard by an ADB when you failed to respond to your
discharge notification, which was your best opportunity for retention
or a more favorable characterization of service. Therefore, 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,
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