DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01688-12
6 December 2012
This is 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 5 December 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 8 September 1997.
On 11 November 1998, you were informed by your command of your
failure to participate in required drills. On 12 December 1998,
administrative separation action was initiated by reason of
failure to participate. You failed to acknowledge receipt,
submit a statement, or have your case heard by an administrative
discharge board (ADB). On 4 February 1999, your commanding
officer recommended you for an administrative separation for
your failure to participate in the required drills and that you
be discharged under other than honorable conditions (OTH). On
15 March 1999, the discharge authority directed an OTH discharge
by reason of failure to participate. On 20 April 1999, 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 drills.
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,
W. DEAN PFEI E
Executive Di te
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