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NAVY | BCNR | CY2009 | 03442-09
Original file (03442-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BG 20370-5100

 

TAL
Docket No: 3442-09
28 January 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 13 January 2010. 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 on 7 November 1975 at the age 20. On 17 February
1978, you received nonjudicial punishment (NIP) for a 19 day
period of unauthorized absence (UA) from your unit. On 16 May
1979, administrative discharge action was initiated by reason of
misconduct as evidenced by your 79 absences of the required 144
scheduled reserve drills for the period of 10 October 1975 through
10 gune 1979 and your NUP for UA from your unit while on
involuntary active duty. On 16 May 1979, your letter of
notification and statement of awareness was mailed to you by
certified mail and was received on 2i May 1979. You waived your
‘xights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB) when you failed
to respond to the notification by 31 May 1979. On 17 June 1979,
your commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions. The
separation authority directed an OTH discharge by reason of
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Finally, the Board noted that you waived the right to an ADB,
your best chance for retention or a better characterization of
service. 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,

W. DEAN PFE
Executive Dirac

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