DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9472-17             
Ref: Signature date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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.  Consequently, your application has been denied. 

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 merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2019.  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 applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, your naval record, as well as applicable statutes, regulations, and policies. 

You signed an enlistment contract in which you were advised that you were required to attend and participate satisfactorily in 48 scheduled drills and to preform not less than 14 days of Active Duty for Training (ACDUTRA) each fiscal year.  You enlisted in the Marine Corps Reserve and began a period of active duty on 19 November 1975.  Effective 8 April 1976, you reported to your unit in                .  On 16 May 1981, you were notified of intent by your commanding officer to transfer you to the Individual Ready Reserve (IRR) due to unsatisfactory participation after 59 unapproved absences from drill, at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board.  Your commanding officer recommended discharge under honorable conditions by reason of unsatisfactory participation.  The discharge authority approved this recommendation and directed transfer to IRR, under honorable conditions by reason of unsatisfactory participation and on 3 November 1981, you were administratively transferred to the IRR. 

The Board carefully weighed all potentially mitigating factors, including your contention that your employer would not pay for your reserve time and you were married with two children and you were hurting.  The Board concluded these factors were not sufficient to warrant relief in your case because of your failure to attend and participate satisfactorily in your scheduled drills and ACDUTRA periods. In regard to your contention, the Board was sympathetic to your family distress, but noted there was nothing in your record and you did not submit any supporting documentations to show that your family problems could not be resolved through standard military channels.  The Board in its review discerned no impropriety or inequity in the discharge. 

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 matters. New matters are those not previously presented to or 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, 


5/15/2019