DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1521-16 DEC 22 2016 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 2 August 2016. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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 on 23 October 1995. On 1August1998 you injured your back and seen a military doctor at clinic . You provide a civilian doctor's note to your Reserve Administration Chief on a total of four occasion from 14 October 1998 to 4 June 1999 which each of the notes recommended a short duration ofless than two weeks from any heavy lifting or twisting. This does not mean you were excused from attending your required drills. During the period from 9 January 1998 to 9 January 2000, you missed a total of 83 drills listed as unexcused absences. Unsatisfactory letters were sent to you from your Reserve unit and numerous phone calls were made to contact you and they have received no replies. There was never any statement provided as to why you missed these drills. Subsequently, on 29 December 1999, you were notified of pending separation proceedings by reason of unsatisfactory participation in the Selected Marine Corps Reserve. The notification was mailed to you by certified mail and you signed for it on 12 January 2000. You did not return the acknowledgment of rights. Your commanding officer recommended discharge under other than honorable conditions by reason offailure to participate. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of failure to participate. On 24 April 2000 you were so discharged. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertion that your injury precluded you from attending your required drills. Nevertheless, the Board concluded that these factors were not sufficient to warrant relief in your case given the seriousness ofyour misconduct. In this regard, the Board concluded the unexcused absences started many months before your injury and your injury did not preclude you from attending the drills; just from heavy lifting and bending. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew and material evidence within one year from the date ofthe 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director