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NAVY | BCNR | CY2008 | 06008-08
Original file (06008-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 6008-08
11 May 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 6 May 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 ali 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 enlisted in the Navy Reserve on 21 May 2002. At the end of
your first anniversary year on 20 May 2003 you were credited with
105 retirement points. In the next anniversary year, you were
only credited with 45 retirement points. The record shows no
further reserve participation. In April 2005 you were sent a
Notification of Separation Processing by registered - mail to the
address on file at the reserve center... You were never responded.
On 21 May 2005 the discharge authority directed a general
discharge due to unsatisfactory participation and the assignment
of an RE-4 reenlistment code.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your initial period of
good reserve service and contention that you had moved and that a
reserve unit close to your new home did not send a transfer
request to your old unit as you had requested. You desire a
change in the reenlistment code so that you can reenter the Navy.
However, it is clear from the record that you had no
participation in the Navy Reserve for nearly a year and that you
did not respond to the notification of your discharge processing.
This was certainly. your last and best opportunity to present your
version of events. Since you apparently never contacted your
service unit concerning your situation, the Board concluded that
your discharge and reenlistment code were proper.

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 régularity 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,

Rank D [a
ROBERT D.~ZSALMAN
Acting Executive Director

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