DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 10818-09
22 July 2010
Dear Spain
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 14 July 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 reenlisted in the Navy on 27 May 2004, after four years of
honorable service. On 10 March 2005, you were informed that you
would receive a reefilistment code of RE-4 for your failure to
participate in nine reserve drills. On 20 April 2005, your
commanding officer recommended you for a general discharge. On
5 May 2005, the discharge authority approved your discharge. On
2 June 2005, you were discharged by reason of unsatisfactory
participation. At the time of your discharge, an RE-4
reenlistment code was assigned.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as -
your youth and immaturity. However, the Board found that these
Factors were not sufficient to warrant a change in your
reenlistment code given the fact that you were aware of the
requirements 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,
Ld). Dacens
W. DEAN P R
Executive DWikector
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