DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 726-12
1 November 2012
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 24 October 2012. 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
injustices.
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.
You were also advised that failure to respond to official mail
and to keep your commanding officer advised of your current
address would not prevent administrative separation.
You enlisted in the Navy Reserve on 4 August 2000 at age 27. On
25 January 2005, you were notified by certified mail of pending
administrative discharge processing with a general discharge due
to unsatisfactory participation for 12 unexcused drill periods.
The Administrative Board Procedure Proposed Action was returned
addressee unknown. You forfeited all of your procedural rights,
including your right to an administrative discharge board (ADB) .
On 1 March 2005, you received the general discharge fox
unsatisfactory participation and were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and desire to reenter the armed forces.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in multiple unexcused drill
absences. The Board noted that you waived your procedural right
to an ADB, your best opportunity for retention or a better
characterization of service. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Fach branch of the armed forces established its own criteria for
enlistment within the provisions of federal law. The
reenlistment code assigned by the Navy is not binding upon the
other services, which are free to accept or reject an
application on the basis of their own standards. If another
branch of service decides to waive your reenlistment code and
accept you for enlistment, the Navy will not object.
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,
Tee SR
ROBERT D. ZSALMAN
Acting Executive Director
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