DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Be
Docket No: 07474-13
12 Necemher 70123
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 11 Decembér 2013. 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
record, the Board found the evidence submitted was
to establish the existence of probable material erro
injustice.
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You enlisted in the Navy Reserve on 16 July 2008. On 21 October
2008, you signed and acknowledged your orders to drill at a unit
in Pensacola, Florida location. Between 11 January 2009 and 12
July 2009, you failed to participate in 15 drills. On 21 July
2009, your command attempted to notify you that administrative
discharge procedures had been initiated and that 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. On 14 September 2009, you were so discharged and
assigned an RE-4 reentry code, as required by governing
directives.
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 the characterization of your service or 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 were told you could perform your required drills in
Alabama rather than Florida. 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 on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFET
Executive Di
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