DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08043-10
21 April 2011
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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 20 April 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 on 28 June 2005. On 21 April
2007, you were informed that you would receive a reentry code of
RE-4 for your failure to participate in 46 drills. Your
commanding officer recommended you for a general discharge. On
11 dune 2007, the discharge authority approved your commanding
officer’s recommendation. On 15 June 2007, you were discharged
by reason of unsatisfactory participation. At the time of your
discharge, an RE-4 reentry 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 ifi your seentry code given the
fact that you were aware of the requirements to participate in
the drills and failed to do so. 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.
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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
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 burdén is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Enclosure
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