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NAVY | BCNR | CY2010 | 05269-10
Original file (05269-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 5269-10
31 January 2011

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 26 January 2011. 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 and began a period of active
duty on 24 April 2007 at age 19. On 30 July 2008, you were
notified of pending administrative discharge processing with a
general discharge due to unsatisfactory participation after
missing 21 drills. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 17 October 2008, you received general discharge for
unsatisfactory participation. At that time you were assigned an
RE-4 reentry code, which means that you are neither recommended
nor eligible for reenlistment.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reentry code. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in your reentry code given your 21 unexcused absences
and the non-recommendation for reenlistment which was sufficient
to support the assignment of an RE-4. 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 probab¥e material error or injustice.

3}

“$ Sincerely,

     
 

W. DEAN PF!
Executive Di

 

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