DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11446-10
3 August 2011
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 20 July 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 16 December, 2005 at age 20. You were counseled regarding
your 11 unexcused absences from inactive duty training (IDT) and
declared an unsatisfactory participant. You were notified of
pending administrative discharge processing with a general
discharge due to unsatisfactory participation. You did not
respond to the certified mailing of administrative discharge
documents. Therefore by failing to respond you waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). Based on the information currently
contained in your record it appears that in October 2007, you
received the general discharge for unsatisfactory participation.
At that time you were assigned an RE-4 reentry code, which means
that you were neither recommended nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
reentry code given your misconduct that resulted in multiple
unexcused drill 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 probable material error or injustice.
Sincerely,
Lo Deo
W. DEAN PFEI
Executive Di r
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