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NAVY | BCNR | CY2009 | 11131-09
Original file (11131-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 11131-09
28 July 2010

 

This is 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 28 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you served honorably
on active-duty in the Navy from 11 June 2002 to 18 June 2007,
but were assigned an RE-3M reenlistment code due to non-
retention. You were then assigned to a Navy Reserve unit. On
12 June and 30 July 2008, you were notified that you had failed
to comply with Individual Medical Readiness (IMR) requirements.
You were notified that you were going to be administratively
separated due to failure to comply with IMR requirements with a
general discharge and an RE-4 reenlistment code. You were so
discharged on 19 April 2009.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior
honorable service. However, the Board concluded that your
discharge should not be upgraded, that you should not be
reinstated in the Navy Reserve, nor promoted to pay grade E-5
due to your failure to comply with the IMR requirements. The
Board noted that it was your responsibility to keep your
reserve unit informed of your mailing address. In view of the
above, 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,

W. DEAN PRSIRRER

Executive Dirbgtor

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