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NAVY | BCNR | CY2007 | 07481-07
Original file (07481-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 7481-07
19 September 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 10 September 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 Reserve on 2
September 1983. Under the terms of your enlistment contract, you
were required to participate in 48 drills and perform 14 days of
active duty for training (ACDUTRA) each year. You reported for
initial ACDUTRA on 24 July 1984. On 5 November 1984 you were
released from active duty and assigned to a Navy Reserve unit.
Although the discharge processing documents are not in your
record, it appears that your commanding officer recommended that
you be separated with a discharge under other than honorable
conditions by reason of unsatisfactory participation for failing
to attend scheduled drills. On 20 May 1987, you were separated
from the Navy Reserve with a discharge under other than honorable
conditions. You were assigned a reenlistment code of RE-4.

 

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the
contention that you misssed drills in the belief that you would
be ordered to active duty. The Board concluded that those
factors were insufficient to warrant recharacterization of your
discharge. In this regard, the Board noted your failure to
attend multiple drills was sufficient to warrant a discharge
under other than honorable conditions. The Board concluded that
it is appropriate that you were not recommended for reenlistment
in view of your unsatisfactory participation. 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,
ee gc > TT
ROBERT D. ALMAN

Acting Executive Director

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