DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2573-08
8 April 2009
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 1 April 2009. 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.
On 21 November 2002, you enlisted in the Navy Reserve at age 22
and acknowledged that you were required to participate in 85
percent of drills within any 12 month period of time. During
January to March 2003, you participated in drills. However,
beginning in May 2003 to February 2004, you had continuous
unexcused absences. On 5 March 2004, your commanding officer
initiated administrative separation by reason of unsatisfactory
participation in the Ready Reserve due to your failure to
maintain satisfactory drill attendance. A copy of this
discharge action was forwarded to you by registered mail, but
you failed to respond and as such on 22 April 2004, you were
honorably discharged due to unsatisfactory performance and
assigned an RE-4 reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are discharged due to unsatisfactory performance.
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in
the assignment of the RE-4 reenlistment code. The Board noted
that you were fortunate to have received an honorable discharge
since your misconduct met the requirements for an other than
honorable characterization of service. 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,
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