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NAVY | BCNR | CY2007 | 02496-07
Original file (02496-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 02496-07
2 November 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 24 October 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 9 November 1989 at age 18. You served honorably for four years and were released from active duty at the completion of your required service on 8 November 1993. Over the next five years you completed two periods on honorable reserve duty. On 30 September 2004 you began a third period of active service in the Naval Reserve.
During the period of November 2004 to April 2005, your record reflects that you had 12 unexcused absences, by not drilling with your reserve unit as you were required to do. Based on your nonparticipation in drills, administrative discharge action was initiated on 23 April 2005. The record states that you signed a receipt of the certified notification letter, however, you failed to respond in a timely manner. Your commanding officer directed that you be discharged with a general characterization of service. You were so discharged on 17 July 2005.





The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of prior honorable service in your last enlistment, your two periods of honorable reserve duty, and contention that you requested to be transferred to the Individual Ready Reserve due to family issues. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzatjon of your discharge or to change your reenlistment code given your failure to attend drills with your reserve unit. Further, by not responding in a timely manner to the letter of notification, that you signed a receipt for, you waived the right to an administrative discharge board, your best chance for retention or a better characterization of service. With regard to your contention, the Board noted that there is no evidence in your record, and you submitted none to support it. 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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