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NAVY | BCNR | CY2009 | 02962-09
Original file (02962-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
CRS

Docket No: 2962-09
12 February 2010

 

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 16 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 Navy Reserve on 9
December 1983. Under the terms of your enlistment contract, you
were required to complete 48 drill periods and perform 14 days of
active duty for training (ACDUTRA) each year. You served on
initial ACDUTRA from 10 February to 13 May 1984, when you were
released from active duty and assigned to a Navy Reserve unit.

On 13 October 1984 you were reassigned to an administrative unit
for medical review. You were found fit for duty on 21 November
1985 and reassigned back to a drilling status; however, you never
attended any more drills. On 30 July 1987 you were separated
from the Navy Reserve by reason of unsatisfactory participation

with 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 overall
record. The Board concluded that those factors were insufficient
to warrant recharacterization of your discharge, given your
absence from regularly scheduled drills. 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,

mn W. DEAN PFEIFFER

Executive Director

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