DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 10383-09
16 April 2010
This igs 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 14 April 2010. Your allegations of error and
injustice were reviewed 4n 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 commenced your affiliation with the Navy Reserve on
21 March 1991. You participated honorably until 20 March 2007.
One of the requirements when in a drilling reserve status is to
obtain a minimum of 50 points annually. On 19 June 2008, the
Bureau of Naval Personnel Command (PERS-911) stated in a letter
that you acquired insufficient points and were required to inform
them of your intentions to resolve your status. On 27 June 2008,
you submitted a response, with the intention to complete
correspondence courses to accumulate the required points.
According to your service record, you acquired 15 membership
points, therefore not meeting the minimum requirement of 50
points. This required PERS-911 to separate you from an active
status on 9 June 2009.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board found it interesting that
your medical condition, which you had in 2007, prohibited you
from making any contact with the appropriate personnel within the
Reserve Center to inform them of your whereabouts or condition.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your status to the retired
reserve, given your record of failing to participate in the
required drills. 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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