DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4152-08
24 March 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 17 March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You were Honorably discharged from the Navy on 12 July 2004. At
that time, you had completed about eight years of active service.
On 21 October 2004 you enlisted in the Navy reserve for two
years. During the next year, you only attended eight drills.
Based on your poor drill attendance, you were processed for an
administrative discharge due to unsatisfactory participation.
You were notified of this action by registered mail but never
responded. On 23 August 2005, your commanding officer
recommended a general discharge. After review, the separation
authority directed a general discharge and the assignment of an
RE-4 reenlistment code. The general discharge was issued on 6
September 2005.
The Board believes that the telephone numbers of reserve centers
are readily available either on line or by calling the telephone
company. Therefore, it is clear that you should have contacted
your reserve unit and requested transfer to an inactive status.
Since you did not, the Board found that it was proper to process
you for an administrative discharge which resulted in the
assignment of an RM-4 reenlistment code. Since you have been
treated no differently than others in your situation, the Board
could not fine an error or injustice in the asSignment of the RE-
4 reenlistment code. The Board concluded that the discharce and
reenlistment code were proper as issued and no change is
warranted.
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,
Wr
\p DEAN RFER_
Executiv ctor
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