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NAVY | BCNR | CY2007 | 00067-07
Original file (00067-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TRG
Docket No: 67-07

20 July 2007

 

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 17 July 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.

Your record shows that you served in the Marine Corps and the
Army and have eight years of honorable service. On 27 March 2003
you enlisted in the Naval Reserve Advanced Pay Grade Program and
were temporarily advanced to petty officer third class. At that
time, you acknowledged that you must attend 85% of scheduled
drills and perform annual training in order to become a permanent
petty officer and remain in good standing in the Navy Reserve.

During the period from October to November 2004, you missed all
of the scheduled drills. Based on your poor drill attendance,
you were processed for discharge. The notification informing you
of this processing was sent to your last known address, but you
never responded. After review, the discharge authority directed
a general discharge and the assignment of an RE-4 reenlistment
code. You received the general discharge and RE-4 reenlistment

code on 16 February 2005.

It is clear from the record, that you were on notice of the
requirement to attend 85% of your drills, but did not do so.
‘There is no evidence that you contacted the command about an
inability to attend drills. Further, you did not respond to the
discharge processing notification, and have not provided any
explanation for your actions in your application. Therefore,
the Board concluded that the RE-4 reenlistment code was properly

assigned.

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 PFEIFFER
Executive Director

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