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NAVY | BCNR | CY2007 | 02074-07
Original file (02074-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                           CRS
                                                                                 Docket No: 2074-07
                                                                                          18 January 2008


Dear
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 12 December 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 30 July 2004. On 14 July 2005 you were found temporarily not physically qualified due to class 3 dental problems.
On 2 December 2005 your commanding officer recommended that you be separated from the service with a general discharge by reason of unsatisfactory participation due to your failure to attend regularly scheduled drills, respond to correspondence, and submit additional medical information. After review by the discharge authority, the recommendation for separation was approved and on 2 December 2005 you received a general discharge. You were not recommended for reenlistment. The Board concluded that such a recommendation was appropriate for a Sailor 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 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,

        
                                                               W. DEAN PFEIFFER
                                                               Executive Director      

                                            
Enclosure

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