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NAVY | BCNR | CY2010 | 08558-10
Original file (08558-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 08558-10
18 October 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 October 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 on 16 November 1985 and

began a period of active duty for training on 9 Jume 1986. On
3 February 1987, you were honorably released from initial active
duty for training (IADT). Based on the information currently

contained in your record you were counseled regarding your
deficient performance (unauthorized absence (GA)) £rom draiis.
You were warned that further deficiencies could result in
administrative discharge action. Your record reflects that you
had not attended a scheduled drill since 17 July 1988.
Subsequently, based on your non-participation in drills,
administrative discharge action was initiated and on 11 August
1989, the discharge authority directed an other than honorable
(OTH) discharge. You waived your procedural right to an
administrative discharge board (ADB) and received the OTH
discharged on 19 September 1989 due to unsatisfactory
participation.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your failure to drill with your reserve unit.

The Board noted that you waived your right to an ADB, your best
opportunity for retention of 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
. action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
sevidence 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,

\DBaS

W. DEAN P
Executive D °O

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