DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9128-08
28 October 2008
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 16 October 2008. 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.
The Board found that you began a period active duty in the Navy
Reserve on 10 August 2007. On 30 September and 1 October 2007,
you refused to board an aircraft and thereby missed the
deployment of your unit to Kuwait. You apparently advised your
commander that you did not want to remain on active duty or
undergo medical or psychiatric evaluation.
On 10 October 2007, your commanding officer recommended that you
be discharged by reason of misconduct due to the commission of a
serious offense. After being informed of the recommendation, you
declined to consult with counsel and waived your right to appear
before an administrative separation board. On 17 October 2007,
you were separated from the Navy Reserve by reason of misconduct
with a general discharge, in accordance with the approved
recommendation of your commanding officer.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, good overall
service, and the contention that you suffered from headaches that
prevented you from boarding the aircraft as ordered. The Board
concluded that those factors are insufficient to warrant your
reinstatement in the Navy Reserve. 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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