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NAVY | BCNR | CY2011 | 02704-11
Original file (02704-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 2704-11
9 December 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 7 December 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 to serve on

12 September 1986 at age 21. You were issued orders to report on
11 November 1991 for 12 days of Active Duty for Training (ADT),
but failed to comply. On 20 November 1991, 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 24 January 1992, 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 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
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,

\

W. DEAN PFEIFFER

Executive Dir

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