DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 06060-13
18 September 2014
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 17 September 2014. 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 on 18 May 1999, and served honorably
for over six years. After you left active duty, you affiliated
with the Navy Reserve. Your record is incomplete, but due to
your failure to participate with the Navy Reserve, you were
recommended for administrative separation. Your command
attempted to notify you that administrative discharge procedures
had been initiated and you could receive a general discharge due
to your failure to attend required drill periods (unsatisfactory
participation}. You failed to reply to the notification letter.
Thereafter, your commanding officer recommended that you be
separated with a general discharge by reason of unsatisfactory
participation. The discharge authority concurred and directed a
general discharge. You were so discharged and assigned an RE-4
{not recommended for retention) reentry code.
The Board, in its review of your entire record and application,
carefully considered all potentially mitigating factors present
in your case, but found those factors insufficient to warrant
changing your reentry code, given your record of unsatisfactory
participation in the Navy Reserve. The Board did not accept
your unsubstantiated contention to the effect that your absences
from training were because you had clinical requirements for
school. Accordingly, and as you have not demonstrated that it
would be in the interest of justice for the Board to assign you -
a more favorable reentry code as an exception to policy, 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 onthe applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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