DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05445-10
20 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 reenlisted in the Navy Reserve on 30 October 2001. On 13
September 2007, you were informed that you had missed 13 drills
between 26 October 2002 and 22 February 2004. On 14 December
2006, you were discharged from the reserves with a general
discharge for unsatisfactory participation in the Ready Reserve.
You were informed that you would receive a reenlistment code of
RE-4 for your failure to participate in 13 reserve drills. You
elected to have your case heard by an administrative discharge
board (ADB). The ADB found that you had unsatisfactory
participation and recommended a general discharge. Your
commanding officer concurred with the ADB's recommendation. On
29 December 2009, the discharge authority approved your
commanding officer's recommendation. On 6 January 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 and prior honorable service. However, the Board found
that these factors were not sufficient to warrant a change in
your characterization of service given the fact that you were
aware of the requirements to participate in the required drills
and exercised your procedural right to an ADB. 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 PF
Executive
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