DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ,
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02735-09
29 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps Reserve on 13 October 1972 at
age 20. On 30 July 1974, you were issued a letter of intent from:
your commanding officer citing your unsatisfactory drill
attendance. You were absent from 15 drills from October 1973
through May 1974 and four drills were unsatisfactory due to
improper haircuts. Your commanding officer forwarded a
recommendation to the Commandant of the Marine Corps (CMC) to
have you assigned to involuntary active duty. CMC approved the
recommendation and on 5 December 1974 you were directed to
involuntary active duty for a period of 17 months. On 7 July
1975, administrative separation action was initiated by reason of
unsuitability. Your commanding officer (CO) recommended that you
be discharged under honorable conditions. The recommendation
stated in part, that you had shown an attitude of negligence and
tended to shirk any duties assigned to you. Without constant
supervision you seemed to be unable to complete any assignments
and could not be trusted for anything of importance. On 8 July
1975, you waived your right to submit a statement. On 28 July
1975 the separation authority approved your CO’s recommendation
and on 5 August 15975, you were separated with a general
discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service, Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board also believed that you were fortunate to receive a general
discharge in light of your numerous acts of misconduct.
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,
Foea.W. DEAN ELFFER |
Executive Director
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