Docket No. 2798-20
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 relevant portions of your naval record and your application, 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 case on its merits.  

A three-member panel of the Board, sitting in executive session, considered your application on 16 April 2020.  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, regulation,s and policies.  

A review of your record shows that you enlisted in the Navy Reserve in July 2002.  You attended drills regularly from 10 August 2002 through 2 April 2003 before commencing a series of unexcused absences for May 2003 through July 2003 drills.  As a result of your unexcused absences, you were mailed notification of administrative separation processing for unsatisfactory participation on 30 July 2003 via certified mail.  You signed for the certified mail on 7 August 2003 but did not respond to the notification.  Therefore, you were discharged on 10 September 2003 for unsatisfactory participation in abstentia with a general characterization of service. 

The Board carefully considered your request to change your narrative reason for separation to disability.  You assert that you were medically disqualified from drilling due to a hearing condition in 2002 and told not to report for duty.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no evidence in your record that supports your assertion that you were not physically qualified for duty due to a hearing problem in 2002 or that you were medically excused from attending required drills.  Second, the Board noted you attended drills from August 2002 through April 2003.  This evidence did not support your assertions regarding your medical disqualification in 2002.  Third, the Board found no evidence you were in an active-duty period greater than 30 days to qualify for referral to the Disability Evaluation System or a disability discharge. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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 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.