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NAVY | BCNR | CY2007 | 02286-07
Original file (02286-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 2286-07

30 January 2008

 

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 30 January 2008. 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 on 19 June 2000.
On 18 July 2005 you were released from active duty and
transferred to the Navy Reserve where you affiliated with a

Reserve unit.

On 12 May 2006 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 and respond to official
correspondence. After review by the discharge authority, the
recommendation for separation was approved and on 25 July 2006
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 an 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,

\S

W. DEAN P
Executive

     
  

 

Enclosure

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