DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Decket No: 7114-13
14 August 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 6 August 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 4 April 1979 at age 20. You were declared an
unsatisfactory participant due to missing 25 scheduled drills.
On 4 January 1983, you were notified by certified mail of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to unsatisfactory participation.
You did not respond to the notification and waived your
procedural rights, including your right to an administrative
discharge board (ADB). On 28 December 1983, 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
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these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in 25 unexcused absences. The Board noted that you
waived your right to an ADB your best opportunity for retention
or a better characterization of service. 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 good conduct in civilian life. 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
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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,
Re OS ft
ROBERT D. ZSALMAN
Acting Executive Director
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