’ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL .
Docket No; 2577-12
23 January 2013
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 16 January 2013. Your allegations of error and
injustice were reviewed 4n 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 and began a period of
active duty on 13 July 1992 at age 22. On a‘9 January 1993, you
were released from active duty after completing your required
training and assigned to a reserve unit. You were declared an
unsatisfactory participant due to missing 14 scheduled drills
and a 15 day Annual Training (AT) period. On 22 September 1993,
you were notified of pending, administrative discharge processing
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 16 November 1993, 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 14 unexcused absences and a 15 day AT period.
Finally, there is no provision of law or in Navy regulations
that allows for recharacterization of service due solely to the
passage of time or an individual’s good behavior after
discharge. 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,
\y Ne
W. mas
- Bxecutive rector
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