DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8274-10
15 April 2011
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 April 2011. 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 Navy Reserve and began a period of active
duty on 27 June 1988 at age 19. On 30 March 1993, you were
issued orders to report on 26 April 1993 for 12 days of Active
Duty Training (ADT). You did not report and you had not reported
for your required drills since November 1992. On 2 June 1993,
you were notified by certified mail of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to unsatisfactory participation. The Administrative Board
Procedure Proposed Action was returned unclaimed. You forfeited
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 5 October 1993, you
received the OTH discharge for unsatisfactory participation.
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 that
resulted in multiple unexcused drill absences and failure to
report for ADT. The Board noted that you waived your procedural
right to an ADB, your best opportunity 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
resumption of regularity attaches to all official records.
nsequently, when applying for a correction of an official naval
fecord, the burden is on the applicant to demonstrate the
existence of probable material error or LijUstice,
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Sincerely,
LW Yna.S
W. DEAN PFE
Executive D or
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