DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 03014-09
25 January 2010
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 20 January 2010. 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 Reserve and began a period of service on
28 September 2000, at age 30. You served honorably and were
separated on 30 March 2005 by reason of unsatisfactory
performance, as you failed to obtain. your third class swim
qualification. At that time, you received an honorable 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 age, and overall
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason for
your discharge, or your reenlistment code, given your record of
failing to pass your required qualifications. The Board
concluded that you were fortunate to have received an honorable
discharge, because many service members receive discharges under
other than honorable conditions for unsatisfactory performance.
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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