DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4545-09
30 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 March 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 active
duty on 31 August 2004. Based on the information currently
contained in your record it appears that you failed to report to
recruit training, 9 May 2005. On 31 May 2005, your letter of
notification and statement of awareness was mailed to you by
certified mail. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB) when you failed to respond to the
notification. Your commanding officer recommended that you be
separated under honorable conditions with a general discharge due
to unsatisfactory performance. The recommendation stated in
part, that you failed to maintain satisfactory participation in
@rill attendance and that you would be separated. On 5 July
2005, your commanding officer directed that you be separated with
a general discharge and assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code given
your unauthorized absence on the reporting date for recruit
training. In this regard, an RE-4 reenlistment code is required
when an individual is separated due to 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,
lua, 4
W. DEAN PF
Executive r
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