DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NA
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 . Docket No: 6872-08
11 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 2 June 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 released from active duty on 7 June 2004 after almost
five and one half years of service with an honorable
characterization of service and a recommendation for
reenlistment. You reenlisted in the Navy Reserve on 5 December
2006 and then earned three consecutive qualifying years.
Subsequently you began to miss drilis and apparently had not
contacted your command. Therefore, you were processed for an
administrative discharge. On 28 February 2008 you were sent a
notification of separation processing due to unsatisfactory
participation by registered mail. The notification was returned
to the command as being unclaimed. After review, a general
discharge by reason of unsatisfactory participation was directed
and you were so discharged on 4 May 2008. At that time, you were
not recommended for reenlistment.
You claim that you were requesting placement in the Individual
Ready Reserve (IRR) because of a high rate of travel in your new
job and lacked time due to participation in a master's program.
A statement of service for reserve retirement was obtained and it
shows that in the anniversary year ending 19 October 2007. -you:.
were only credited with 36 of 48 scheduled drills and in the
partial anniversary year beginning on 20 October 2007 and ending
with your discharge on 4 May 2008 you were not credited with any
drills.
The Board believed that you had an obligation as a member of the
Navy Reserve to ensure that your status was resolved. Further,
at the very least, a valid address should have been on file with
the reserve center. It is clear that if you had received your
notification of separation processing, you could have contested
the processing and raised the issues set forth in your
application. However, as indicated the notification was returned
to the command as being unclaimed. Therefore, it appears that
your negligence contributed to your discharge from the Navy
Reserve. Given your almost 10 months of nonparticipation and the
other circumstances of your case, the Board concluded that the
discharge was 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,
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