DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 4125-12
14 March 2013
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 12 March 2013. 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.
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.
On 21 August 1971 you enlisted in the Navy Reserve at the age of
19. You served without disciplinary.incident until 31 October
1972 when you received nonjudicial punishment (NJP) for missing
the movement of your ship and a five day period of unauthorized
absence (UA).
On 1 November 1975 you were ordered to report for 27 days of
involuntary active duty due to deficiencies in your drilling
attendance, specifically, 44 unexcused drills. As a result of
this, you were recommended for an administrative separation by
reason of unfitness. Subsequently, the discharge authority
directed your commanding officer to separate you under honorable
conditions by reason of unfitness due to unsatisfactory
participation in the Ready Reserve, and further directed to have
-your record reflect a nonrecommendation for reenlistment and/or
reaffiliation. On 19 March 1976 you were so discharged and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully. weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were. not
sufficient to warrant relief in your case because of your failure
to satisfactorily attend scheduled drills. Finally, the Board
concluded that sufficient evidence existed to support the
discharge authority's decision. 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,
Qed {
W. DEAN PFERF
Executive Da
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