DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 5109-06
27 September 2006
This is in reference to your application for correction of your
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 session, considered your
application on 27 September 2006. 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 on 23 June 2004 you enlisted in the advanced
pay grade (APG) program of the Navy Reserve with no prior
military service. Informal contact with your prior reserve unit
reveals that you were scheduled on two occasions for an APG
military training course. However, you did not attend this
course as you could not complete the required physical readiness
test within one year.
Although the record provided to the Board does not contain the
separation documents, it appears that your commanding officer
recommended that you be separated with a general discharge by
reason of unsatisfactory participation and, after review by the
discharge authority, the recommendation for separation was
approved. The record clearly shows that on 2 August 2005 you
received a general discharge by reason of unsatisfactory
participation. At that time, you were assigned a reenlistment
code of RE-4.
As a reservist, you were incorrectly given a reenlistment code.
However, that code means that you were not recommended for
reenlistment. Such a recommendation was appropriate for a
reservist separated by reason of unsatisfactory participation.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not ask for such consideration and you have not exhausted your
administrative remedy by applying to the Naval Discharge Review
Board (NDRB). You may apply to NDRB by submitting the attached
DD Form 293.
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, \
Enclosure
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 January 2001. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. In this regard, your enlistment You On 30 November When informed of the recommendation, you elected to You received a general discharge from At that time you...
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