ARTMENT OF THE NAVY
con CORRECTION OF NAVAL RECORDS -
5S. COURTHOUSE ROAD, SUITE 150)
ARLINGTON, VA 22204-2490
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Docket No: 336-14
6 November 2014
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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 November 2014. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicabie to the
roceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
niaterial submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
after careful and conscientious consideration of che entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. © ©” 2 2 pte ,
Prior to your entry into the Marine Corps Reserve, you signed an
enlistment contract in which you were advised that you “must”
perform at least yO-percent of your assigned drills.
Or 19 September 1293 you-enlisted in the Marine Corps Reserve and
began a period of accive duty for training. on 10 December 1994
you were honorably released from-active duty for training. -
Your: record contains documentation which reflects you were
counselled for your repeated nonparticipation in assigned drills,
specifically, you: were absent from drilis on numerous occasions.
Tn accordance with the foregoing you failed to meet the
requirements of your contract as stipulated above. As a result,
you were notified, py certified and/or registered mail, of
pending administrative separation action by reason of
unsatisfactory participation. “Subsequently, your commanding
officer recommended discharge under other than honorabie
conditions due to unsatisfactory participation as evidenced by
your nonparticipation in assigned drilis. The discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
‘by reason of unfitness, and on 6 August 1998, you were so
aischarged. At that time you were not recommended for retention
or reenlistment.
on 23 April 2012, the Waval Discharge keview Board upgraded your
characterization of service to “general, under honorable
conditions.” However, your narrative reason for separation
remained as unfitness due to unsatisfactory participation.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of your failure to satisfactorily
participate in the Marine Corps Reserve and nonrecommendation for
retention or reenlistment. Further, in the absence of any
evidence that your failure to attend active duty was excused, and
as guch was in error, the Board concluded that sufficient
evidence existed to support the discharge authority's decision.
Accordingly, your application has been denied.
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
within one year from the date of the Board’s decision. 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,
ROBERT J. O’NETLL
Executive Director
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