DEPARTMENT OF THE NAVY
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 SJN
Docket No: 1984-14
10 December 2014
bes
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 25 November 2014. 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.
On 19 August 2011, you enlisted in the Navy Reserve after serving
over 10 years of prior satisfactory service. On 2 October 2012,
administrative discharge action was initiated by reason of
unsatisfactory participation in the Ready Reserve. After all of
your procedural rights were afforded to you, your case was
forwarded to the separation authority recommending that you be
Gischarged from the Navy Reserve. Your commanding officer
stated, in part, that you had been informed of the minimum
participation requirements and chose not to perform your required
drills. The separation authority concurred and you received an
honorable discharge on 11 January 2013, due to unsatisfactory
participation in the Ready Reserve.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to serve in the Navy
Reserve. Nevertheless, the Board found that these factors were
not sufficient to warrant setting aside your discharge given your
failure to drill with your reserve unit as required, and the fact
that you were aware of the minimum participation requirements.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
ROBERT J. O’NEILL
Executive Director
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