DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00689-09
7 December 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 3 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
9 September 1996, at age 18. You served honorably and were
discharged on 28 July 1998. You received a reenlistment code of
RE-3B due to parenthood. On 29 June 2005, you began a period int
the Navy Reserve until you were separated by reason of
unsatisfactory performance. At that time, you received a general
discharge and were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
ovérall record of service. The Board found it confusing that you
were discharged from the Navy Reserve on 29 June 2005, and you
claimed to have had a child in March 2008, which prohibited you
from making any contact with the appropriate personnel within the
Reserve Center to inform them of your whereabouts or condition.
Nevertheless, the Board found that these factors were not .
sufficient to warrant changing the reason or characterization of
your discharge, or your reenlistment code, given your record of
failing to participate in the required drills. The Board
concluded that you were fortunate to have received a general
discharge, because many service members receive discharges under
other than honorable conditions for misconduct such as yours.
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,
\ eae
W. DEAN PF
Executive rt or
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