DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 820-09
21 May 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 12 May 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 May 2006 upon completion
of five years of active service. At that time, you were a petty
officer second class and were assigned an RE-1 reenlistment code.
Subsequently, you affiliated with a reserve unit. The next entry
in your record shows that you were notified by registered mail of
the command's intent to process you for an administrative
discharge due to unsatisfactory participation in the Navy
Reserve. This notification provided you with the opportunity to
submit a statement and to otherwise contest the discharge
processing. However, you apparently never responded.
On 27 February 2007 the commanding officer directed a general
discharge by reason of unsatisfactory participation and you were
so discharged that same day. At that time, you were not
recommended for reaffiliation witch resulted in the assignment of
an RE-4 reenlistment code.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that at
the time of your affiliation you informed the reserve recruiter
chat you might not be able to attend drills because you might
have to move to Georgia to care for your mother. You claim that
your recruiter stated that if this became a problem you should
call the reserve center personnel and they would place you in an
inactive status, however, this did not happen after you informed
them that you were moving. You have not provided any
documentation to support your contentions and there is none in
your record. Further, it appears that you did not even provide a
change of address. Since you have a general discharge and no
other information is available, the Board concluded that the |
discharge by reason of unsatisfactory participation and a
nonrecommendation for reaffiliation were 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,
W. DEAN PF
Executive D or
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