DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7017-18                                     
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 14 August 2018.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You signed a Navy Reserve enlistment contract in which you were advised that you were required to attend and participate satisfactorily in 48 scheduled drills and to preform not less than 12 days of Active Duty for Training (ACDUTRA) each fiscal year.  On 29 August 2003, you joined your reserve-drilling unit.  Subsequently, on 24 September 2007, you were notified by certified mail of the initiation of administrative separation processing due to unsatisfactory participation by missing more than nine drills in a 12-month period, at which time you waived you right to present your case to an administrative discharge board (ADB).  Your commanding officer recommended that you be discharged with a general (under honorable conditions) characterization of service by reason of misconduct due to unsatisfactory participation.  On 29 November 2007, the separation authority approved and directed you be discharged due to unsatisfactory participation with a general (under honorable conditions) characterization of service. 

The Board carefully weighed all potentially mitigating factors, including your contention that it was a hardship transferring to five different units in a three year period.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated failure to attend drills.  Concerning your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board was sympathetic to your difficulty in meeting your unit’s requirements, but noted there was nothing in your record and you did not submit any supporting documentations to show that your personal problems could not be resolved through standard military channels.  The Board, in its review, discerned no impropriety or inequity in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,