DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5897-11
22 March 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 14 March 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 Reserve on 10 December 2001 age
25. You failed to participate in 18 drill weekends and two
annual training periods. On 10 August 2006, you were notified of
pending administrative separation with an other than honorable
(OTH) discharge due to unsatisfactory participation. You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 1 December 2006, you
received the OTH discharge for unsatisfactory participation. On
14 January 2009 the Naval Discharge Review Board (NDRB) upgraded
the characterization of your discharge to general under
honorable conditions based on your diagnosed Post Traumatic
Stress Disorder (PTSD).
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
o£ your discharge given the seriousness of your misconduct that
resulted in over 18 unexcused drill weekends and two unexcused
annual training periods. 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 Sty
Executive Divectdor
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