DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 5313-14
19 June 2015
Dear a.
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 9 June 2015. 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 90 percent of your assigned drills.
On 30 January 2013, you reenlisted in the Navy Reserve and
continued to serve without disciplinary incident.
Your record contains documentation which reflects your repeated
nonparticipation in assigned drills/absent from drills on
numerous occasions. In accordance with the foregoing you failed
to meet the requirements of your contract as stipulated above.
As a result, you were notified, by certified and/or registered
mail, of pending administrative separation action by reason of
unsatisfactory participation.
Subsequently, your commanding officer recommended discharge under
honorable conditions due to unsatisfactory participation as
evidenced by your nonparticipation in assigned drills. The
discharge authority approved this recommendation and directed
your commanding officer to issue you a general discharge by
reason of unsatisfactory participation in the Ready Reserve, and
on 5 August 2013, you were so discharged. At that time you were
not recommended for retention or reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to recharacterize your discharge and change your
narrative reason for separation and reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of your failure
to satisfactorily participate in the Navy Ready Reserve and
nonrecommendation for retention or reenlistment. Further, in the
absence of any evidence that your failure to participate in the
Ready Reserve was excused, and as such was in error, the Board
concluded that sufficient evidence existed to support the
discharge authority's decision to separate you under honorable
conditions. 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
within one year from the date of the Board’s decision. 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
taterial. error or injustice.
sin ely,
OBERT “J.
Executive Director
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