DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900 .
TOR
Docket No: 8312-09
26 August 2009
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 25 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 31 January 2002,
immediately began a period of active duty, and served without
disciplinary incident. Subsequently, you were released from
active duty and transferred to the Naval Reserve for inactive
duty training (IDT).
It appears that in September 2005 you were processed for an
administrative separation due to unsatisfactory participation as
‘a result of your failure to respond to a previously mailed
discharge notification. The discharge authority directed your
discharge by reason of the convenience of the government due to
your inability to maintain satisfactory drill attendance. As a
result of this action, you were not recommended for retention or
reenlistment. On 1 October 2005 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your assertion that
you were told not to report for drills because you did not meet
the swimming qualifications. It also considered your desire to
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change of your reenlistment status,
specifically, your nonrecommendation for reenlistment due to your
failure to satisfactorily attend scheduled drills. In the
absence of any evidence that your nonrecommendation for
reenlistment was in error, the Board assumed that sufficient
evidence existed to support the discharge authority's decision.
Accordingly, your application has been denied.
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 PPETRF
Executive Di
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