DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 &. COURTHOUSE ROAD
ARLINGTON, VA 22204
SUN
Docket No: 01347-11
10 January 2012
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 5 January
2012. 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 and began a period of active duty on
30 January 1970. The Board found that on 30 June 1970, you were
released from active duty for training with a Marine Corps Reserve
obligation until 29 December 1975. During the period from 4 November
1974 to 20 January 1975, three letters were forwarded to you
concerning your unsatisfactory participation in the Marine Corps
reserve. Subsequently, administrative discharge action was initiated
by reason of unfitness. On 2 September 1975, a certified letter of
notification of an administrative discharge board (ADB) was forwarded
to you, informing you of the date of your ADB. On 13 September 1975,
an ADB recommend that you be separated due to unfitness with an
undesirable discharge. On 23 September 1975, your letter of
notification and statement of awareness was return undeliverable. On
21 October 1975, your commanding officer recommended an undesirable
discharge by reason of unfitness. On 9 December 1975, the separating
authority directed an undesirable discharge. You were so discharged
on 28 December 1975.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth, prior honorable
service, and record of overall 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
and the fact that you did not keep your unit informed of your living
address. It is also noted that you waived the right to have your
case heard by an ADB when you failed to respond to the letter of
notification of your ADB hearing, which was your best chance 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 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,
WSs,
W. DEAN P R
Executive etor
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