DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 | CRS
Docket No: 10950-08
19 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 10 December 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 enlisted in the Navy Reserve on 28 June
2005. You affiliated with a reserve unit on 1 July 2007 after
being released from extended active duty. You accumulated your
eighth and ninth unexcused absences from training assemblies on 7
June 2008. On 22 September 2008, your commanding officer
recommended that you be discharged by reason of unsatisfactory
performance in the Ready Reserve based on your unexcused
absences. The recommendation was approved with the modification
that you be transferred to the Standby Reserve-Inactive in lieu
of administrative separation. You were so transferred on 22
September 2008.
The Board did not accept your uncorroborated contention to the
effect that you were present for duty during both drill periods
on 7 June 2008, and erroneously denied credit for attending those
drills. Accordingly, and as you bave not demonstrated that you
were transfer:.ed to the Standby Reserve in error, 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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