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NAVY | BCNR | CY2010 | 00590-10
Original file (00590-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

REC
Docket No: 00590-10
15 October 2010

 

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 October 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 enlisted in the Navy Reserve on 22 May 2007. On 24 February
2009, you were informed that you would receive a reenlistment
code of RE-4 for your failure to participate in 12 reserve
drills. Your commanding officer recommended you for a general
discharge. On 2 March 2009, the discharge authority approved
your commanding officer's recommendation. On 15 March 2009, 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. 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 drills. Accordingly, 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 apply to
the Naval Discharge Review Board (NDRB) for a possible upgrade.
I have enclosed a copy of the NDRB’s application (DD Form 293)
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
ey idence or other matter not previously considered by the Board.
ig this regard, it ‘®“ifiportant to keep in mind that a
Motion 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
exjystence of probable material error or injustice.

Sincerely,

\w.

W. DEAN PFERF
Executive Ditekor

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