DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	WASHINGTON DC 20370-5100	

			CRS
Docket No: 1499-07
8 January 2008

This is in reference to your application for correction of 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 Records, sitting in executive session, Considered your application on 28 November 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy Reserve on 28 March 1984 and were assigned to a unit as a drilling reservist. You reported for initial active duty for training on 21 August 1984. On 28 November 1984 you were released from active duty and returned to your unit. In November 1986 you had a positive urinalysis for marijuana. You did not attend any scheduled drills after December 1986. Although the discharge processing documents are not in •your record, it appears that your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of unsatisfactory participation for failing to attend scheduled drills. On 7 June 1988, you were separated from the Navy Reserve with a discharge under other than honorable conditions by reason of unsatisfactory participation.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your good conduct on active duty and good post service conduct. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge. In this regard, the Board concluded that your discharge was warranted by your failure to attend scheduled drills over an extended period 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,

W. DEAN PFIEFFER
								Executive Director