DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Decket No: 5529-09
26 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
PIEE.EES Code section 1552.
A three-member panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 June 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.
The Board found that you enlisted in the Navy Reserve on 28
February 2005. Under the terms of your enlistment contract, you
were required to participate in 48 drills and perform 14 days of
active duty for training (ACDUTRA) each year. You reported for
initial ACDUTRA on 23 January 2006. On 23 October 2006 you were
released from active duty and assigned to a Navy Reserve unit.
On 7 September 2007 your commanding officer recommended that you
be separated with a general discharge by reason of unsatisfactory
participation due to your failure to attend regularly scheduled
drills. After review by the discharge authority, the
recommendation for separation was approved and on 22 September
2007 you received a general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and your erroneous belief that you were going to receive
a medical discharge when you left your unit. The Board concluded
Chat those factors were insufficient to warrant a change in the
reason for discharge, given your failure to attend drills over an
extended period of time. 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,
\ Nout
W. DEAN PFE
Executive D Oo
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