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NAVY | BCNR | CY2008 | 08355-08
Original file (08355-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5100

 

CRS
Docket No: 8355-08
19 January 2010

 

1

   

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 9 December 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.

The Board found that you enlisted in the Marine Corps Reserve on
9 January 1988. Under the terms of your enlistment contract, you
were required to participate in 48 @rills and perform 14 days of
active duty for training (ACDUTRA) each year. You reported for
initial ACDUTRA on 25 July 1988. On 22 October 1988 you were
released from active duty and assigned to a Marine Corps Reserve

unit.

On 26 October 1992 your commanding officer recommended that you
be separated 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 7 April 1993 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 youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge.
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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