DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5086-09
26 August 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 14 July 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 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
28 March 1984. Under the terms of your enlistment contract, you
were required to participate in 48 drills and perform 14 days of
active duty for training (ACDUTRA) each year. You served on
initial ACDUTRA from 27 September 1984 to 8 March 1985, when you
were released from active duty and assigned to a Marine Corps
Reserve unit.
On 27 February 1986 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 10 March 1986 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 belief
that you would be ordered to active duty if you missed a
sufficient number of drills and would then received needed jaw
surgery, which you could not afford. The Board concluded that
those factors were insufficient to warrant recharacterization of
your service, given your failure to attend multiple scheduled
drills over an extended period of time. 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,
\oQun8
W. DEAN PF
Executive D
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