DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-51006
TOR
Docket No: 11291-10
4 August 2011
This ig 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 2 August 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.
Prior to your entry into the Navy Reserve, you signed an -
enlistment contract in which you were advised that you “must”
perform at least 85 percent of your assigned drills,
specifically, 48 drills and 12 days of active duty for training.
On 31 May 2002 you enlisted in the Navy Reserve and served
without disciplinary incident. However, your record reflects
that you were briefed regarding your commitment to the Naval
Reserve and the policy concerning drill attendance. it also
reflects that you were briefed regarding the Navy's policy
concerning the Government Travel Charge Card Program.
Nonetheless, it appears that you missed drilis and misused the
credit card by failing to pay your charges. As a result of the
foregoing, you were recommended for an administrative separation.
Your record further reflects that an attempt was made to notify
you, by certified mail, of pending administrative separation by
reason of unsatisfactory participation in the Ready Reserve and
misconduct due to a pattern of misconduct as evidenced by failure
to pay just debts. Subsequently, your commanding officer
directed separation, under honorable conditions, by reason of
“unsatisfactory participation in the Ready Reserve due to
misconduct - pattern of misconduct as evidenced by failure to pay
just debts” and on 8 January 2004 you were so discharged and
assigned an RE-4 reenlistment code.
On 30 March 2009 the Naval Discharge Review Board (NDRB) changed
your narrative reason for separation to “Secretarial Authority”
due to administrative processing errors.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to reenlist. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change of your
reenlistment status because of your failure to satisfactorily
attend scheduled drills and misconduct as evidenced by your
failure to pay just debts and misuse of a government credit card.
Further, in the absence of any evidence that the assigned RE-4
reenlistment code was in error, the Board concluded that
sufficient evidence existed to support the discharge authority's
decision. Finally, the Board concluded that the NDRB changed
your narrative reason for separation due solely to administrative
errors and that these errors did not negate your misconduct.
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,
Lo Nward
W. DEAN PREF
Executive ettor
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