NFEFPARTMENT OF THE NAY
PoARS FOR COPRPECTION OF NAVAL REC ORDS
JO te. wVMUUR Pee Ria. Swe Us
ARLINGTON, VA Rie
Docket No: 46
694-14
17 December 2014
This is in reference to your application for
naval record pursuant to the provisions OL tit
ae
States: Code, section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merite. 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
requlations 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.
Aiter carefu m oO
record, the ULea
to establish maceria-
injustice
You signed an enlistment contract in which you were advised that
you were required to attend and participate satisfactorily in at
least 90% of 48 scheduled drills and to preform not less than 14
days of Active Duty for Training (ACDUTRA) each iscal year.
You enlisted in the Navy Reserve and began a period of active
duty on 27 January 1987. You failed to drill with your unit for
eo
' +
more than one year. On 12 March 1992, you were notified by
certified mail of pending administrative separation processing
with an other than honorable (OTH) discharge due to
unsatisfactory participation. you did not respond to the
notification and as such waived your ocedural rights
your right to an administrative discharge board (
1992, the separation authority approved and directed you
-han honorable discharge due to unsatisfactory partici
to A:
}
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. The Board noted that you waived your right to
an ADB your best opportunity Fox retention ora better
cCharaclerizalion of service. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
OBERT J. O'NEILL
Executive Director
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