DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2633-10
26 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions ef 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 19 January 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 28 February 2005, immediately began a
period of active duty, and served without disciplinary incident.
Subsequently, you were released from active duty and transferred
to the Naval Reserve in a Ready Reserve status.
Your record reflects that in 2006 you were diagnosed with a
medical injury, illness, or condition that required treatment,
and were subsequently placed in a “Temporary Not Physically
Qualified (TNPQ)” status. As a result, on 12 December 2006, you
were advised that you were obligated to provide monthly progress
updates while in a TNPQ status. You were also advised that
failure to comply with this requirement could result in an
administrative separation by reason of unsatisfactory
participation in the Ready Reserve.
On 9 March 2007 your commanding officer recommended an
administrative separation by reason of unsatisfactory
participation in the Ready Reserve due to failure to maintain
medical readiness as evidenced by noncompliance with TNPQ status
update requirements. Subsequently, you were notified of the
foregoing pending action, and that you were not recommended for
reenlistment or reaffiliation. The record reveals that you did
not appeal this action and as such accepted the separation. On 7
December 2007 the discharge authority approved the recommendation
for separation and the nonrecommendation for reenlistment or
reaffiliation. The discharge authority directed your commanding
officer to separate you under honorable conditions by reason of
unsatisfactory participation in the Ready Reserve, and in
December 2007, you were so separated.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code or reaffiliation
status so that you may pursue a career in the Army.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code or
reaffiliation status, specifically, your nonrecommendation for
reenlistment due to your failure to maintain medical readiness
while in a TNPO status. In the absence of any evidence that your
nonrecommendation for reenlistment was in error, the Board
assumed that sufficient evidence existed to support the discharge
authority's decision. Accordingly, your application has been
denied.
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,
Qed’
W. DEAN PFE
Executive Divgecdt\pr
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