DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 |
Docket No: 8043-08
11 June 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 9 dune 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.
Your record shows that you were released from active duty in the
Navy on 6 August 1993 with more than five years of service and an
honorable characterization of service. The next entry in the
record shows that you enlisted in the Navy Reserve on 15 March
2006 for three years.
You state in your application that you were excused from
attending drills beginning on 27 August 2007 because you were
selected to be a member of the Border Patrol and were attending
classes at a Federal Law Enforcement Training Center. Apparently
in December 2007 you resigned from the Border Patrol.
On 10 January 2008 a notification of separation processing by
reason of unsatisfactory participation was sent to you by
registered mail. It appears that on 11 January 2008 you signed
this notification and declined to make a statement. After
review, a general discharge by reason of unsatisfactory
participation was Girected and you were so separated on 1
February 2008. A nonrecommendation for reenlistment is required
when an individual is discharged due to unsatisfactory
participation.
You contend in your application that you notified your reserve
unit of your acceptance into the Border Patrol and were
improperly charged with missed drills Miike attending the
training.
A statement of service for reserve retirement was obtained and it
shows that in the almost 11 month period from the beginning of
your anniversary year on 15 March 2007 until your discharge on 1
February 2008 you were only credited with 16 of 44 scheduled
drills. Since you. were only undergoing training for about three
months, there appears to be other instances of missed drills.
Further, when you were given the opportunity to contest your
discharge processing, you waived your rights and accepted it.
This action certainly suggests that there was a basis for the
separation processing. Therefore, 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,
NAVY | BCNR | CY2008 | 06872-08
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. On 28 February 2008 you were sent a notification of separation processing due to unsatisfactory participation by registered mail. 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...
NAVY | DRB | 2004 Marine | MD04-00046
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Chronological Listing of Significant Service Events :980615: Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48...
NAVY | BCNR | CY2014 | NR2133 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR7474 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application: on 11 Decembér 2013. 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. On 21 July 2009, your command attempted to notify you that administrative discharge procedures had been initiated and that you could receive a...
NAVY | BCNR | CY2009 | 00820-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 01609-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2010. 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. At that time the discharge authority stated that you were not recommended for reenlistment because of your failure to maintain at least an 85%...
NAVY | BCNR | CY2008 | 02721-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2009. 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. In early 2007 you were processed for an administrative separation due to unsatisfactory participation in the Navy Reserve.
USMC | DRB | 2012_Marine | MD1200083
Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:NONE Active: Period of Service Under Review: Date of Current Enlistment: 20021028Age at Enlistment: Period of Enlistment: Years Months [6x2 ROEP]Date of Discharge:20070625Highest Rank:Length of Service: Inactive: Year(s)Month(s)10 Day(s) Active: Year(s)Month(s)29 Day(s)Education Level: 10 [GED]AFQT:54MOS: 0842Proficiency/Conduct Marks (# of occasions):NFIR/ NFIRFitness...
NAVY | BCNR | CY2008 | 02573-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05445-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 October 2010. 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. The ADB found that you had unsatisfactory participation and recommended a general discharge.