DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01110-12
29 November 2012
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 28 November 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
injustice.
You reenlisted in the Navy Reserve on 11 June 2005, after
serving a year of honorable service. On 21 June 2006, you were
notified that administrative discharge procedures were initiated
and that you would receive a general discharge due to failure to
comply with required drill attendance (unsatisfactory
participation). Apparently, you waived your rights. On 25
August 2006, your commanding officer forwarded his
recommendation that you be discharged with a general under
honorable conditions characterization of service by reason of
unsatisfactory participation. The discharge authority directed
a general discharge by reason of misconduct (unsatisfactory
participation). On 11 January 2007, you received the general
discharge due to failure to participate. At that time you were
assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of prior honorable service. However, the Board
found that these factors were not sufficient to warrant changing
the RE-4 reentry code, given your record of failure to
participate in required drills. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when an
individual is found to have failed to fulfill drill
requirements. 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,
BRIAN J. GEORGE
Head, Discharge Section
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