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NAVY | BCNR | CY2010 | 04675-09
Original file (04675-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 4675-09
9 April 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 25 February 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Boaraé. 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 reenlisted in the Navy Reserve on 20
March 2003. Under the terms of your enlistment contract, you
were required to participate in 48 drills and perform 14 days of
active duty for training each year.

On 6 May 2005 your commanding officer recommended that you be
separated with a general discharge by reason of unsatisfactory
participation due to your failure to attend reguiarly scheduled
drills. After review by the discharge authority, the
recommendation for separation was approved and on 24 June 2005
you received a general discharge.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that you believed that you
did not have to attend non-pay drills. The Board concluded that
those factors were insufficient to warrant a change in the reason
for your discharge. 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,

W. DEAN

Executive

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