DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 04750-09
25 March 2010
This is in reference to your application for correction of your
naval tecord 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 24 March 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
service on 30 September 1983, at age 17. You served honorably
and were released on 29 August 1984. You reenlisted and served
honorably for an additional two years until you were released
from active duty on 18 July 1986, and were required to affiliate
with a reserve unit. However, during your required affiliation,
you failed to participate in numerous drills. You were counseled
and warned that if you maintained negative participation that
further administrative discharge action would be initiated. You
failed to participate in thirteen drills. On 26 January 1983,
your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason
failure to participate and were informed that you would receive a
reenlistment code of RE-4. On 6 April 1989, the discharge
authority directed an other than honorable discharge by reason of
failure to participate. On 17 April 1989, you were so separated.
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 changing the reason
or characterization of your discharge, or your reenlistment code,
given your record of failing to participate in the required
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,
\ Yeap
W. DEAN P R
Executive Director
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