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NAVY | BCNR | CY2010 | 10055-10
Original file (10055-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 10055-10
23 June 2011

This ig in reference to your application for correction of your

naval record pursuant to the provisions of title 10, 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 22 June 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, reguiations,
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 11 August 1986. On
12 July 1989, you received counseling concerning your refusal to
attend annual training. Administrative separation action was
initiated by reason of failure to participate. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 8 September
1989, your commanding officer recommended you for an
administrative separation for your failure to participate in the
required annual training and that you be discharged under other
than honorable conditions (OTH). On 25 October 1989, the
discharge authority directed an OTH discharge by reason of
failure to participate. On 16 November 1989, you were so
discharged. At the time of your discharge, an RE-4 reenlistment
code was assigned.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant a change in your characterization of”
service given your record of failure to participate in drill and
annual training. The Board noted that you waived your right to
an ADB, your best opportunity for retention or a more favorable
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,

Loon Qs}
W. DEAN ETRE

Executive D ca

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