DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 °
TAL
Docket No: 6086-13
17 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 11 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.
You enlisted in the Marine Corps Reserve and began a period of
active duty on 19 December 1994 at age 18. You received
nonjudicial punishment (NJP) for assault. On 1 July 1995, 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 57 scheduled drills
and an Annual Training (AT) period. 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 21 September 2000, you
received the OTH discharge for unsatisfactory participation.
The Board, in its review of your application, carefully weighed
ail 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 one NUP, 57 missed drills and an AT period.
Concerning your mental problems, there is no indication in the
record that such problems, if they existed at the time of your
service, were so serious as to excuse you of your responsibility
for your actions or were sufficiently mitigating to warrant
recharacterization. Accordingly, your application has been
denied. The names and votes of the members of the panel will be.
furnished upon request.
The Board also noted that you are entitled to submit the
attached Application for the Review of Discharge or Dismissal
from the Armed Forces of the United States (DD Form293) to the
Naval Council of Personnel Review Boards, Attention: Naval
Discharge Review Board (NDRB), 720 Kennon Street, SE, Room 309,
Washington Navy Yard, Washington, Dc 20375-5023, for
consideration of an upgrade of your discharge and a change in
your narrative reason for discharge.
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,
; pet Pa
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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