DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS -
701 S. COURTHOUSE ROAD, SUITE 100+
ARLINGTON, VA 22204-2490
TAL
Docket No: 5714-13
11 June 2014
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 4 June 2014. 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.
Prior to your entry into the Marine Corps Reserve, you signed an
enlistment contract in which you were advised that you were
required to attend and participate satisfactorily in at least 48
scheduled drills or training periods during each year and serve
on active duty for training (ADT) not less than 14 days. On
7 September 1973 you enlisted in the Marine Corps Reserve and
began a period of active duty training. On one occasion you
received nonjudicial punish for a five day period of
unauthorized absence (UA). On 12 April 1974, you were convicted
by special court-martial (SPCM) of UA and using disrespectful
language toward a noncommissioned officer. You were released
from ADT on 15 May 1974,
You began a period of Marine Corps Reserve Participation on
16 May 1974. You were declared an unsatisfactory participant
due to missing 66 scheduled drills and an (ADT) period. on
17 December 1975, you were notified by certified mail of pending
administrative discharge processing with an undesirable
discharge (UD) due to unsatisfactory participation. The
Administrative Board Procedure Proposed Action was returned
unclaimed. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On
16 March 1976, you received the UD 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 66 unexcused drills and ADT period. Finally, there
is no provision of law or in Marine Corps regulations that
allows for recharacterization of service due solely to the
passage of time. 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,
Ret BSD» nm
ROBERT D.“4SALMAN
Acting Executive Director
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