DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 326-10
16 September 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 14 September 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 entered active
duty in the Navy Reserve on 27 November 2006, and were released
from active duty to your reserve unit on 16 November 2007. You
then accrued ten unexcused absences from drill. You were
notified of pending administrative separation processing with a
type warranted by service record discharge due to
unsatisfactory participation. You waived all of your rights,
including your right to an administrative discharge board
(ADB). In March 2009, you received a general discharge due to
unsatisfactory participation, and were assigned an RE-4 (not
recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to change your reenlistment code. However, the Board
concluded that your reenlistment code should not be changed due
to your unsatisfactory participation. The Board noted that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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.
Since your discharge is less than 15 years old, you may have it
reviewed by the Naval Discharge Review Board (NDRB). I have
enclosed a copy of NDRB’s application form for your
convenience.
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,
LaQang
W. DEAN PFHRIF
Executive Director
Enclosure
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