Docket No: 3021-20 
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 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 2 June 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, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy Reserve and began a period of duty on 25 February 2005.  On 4 April 2006, you failed to pass the Physical Fitness Assessment (PFA) and were not able to attend boot camp within the one-year timeframe provided on your enlistment contract.  On 6 April 2006, you were notified by certified mail that administrative separation proceedings were initiated against you.  You acknowledged receipt of the notice by signature, and submitted a written response in which you identified numerous personal challenges you were facing.  On 13 July 2006, Commanding Officer, NOSC , recommended that you be administratively separated with a general characterization on the basis of unsatisfactory participation in the Ready Reserve due to failure to complete NRAC requirements within one year.  You were discharged from the Navy Reserve on 20 July 2006, on the basis of unsatisfactory participation in the Ready Reserve, and received a general characterization of service. 

You request a change to your record to be able to access veteran’s privileges and entitlements; you indicate that you seek lifetime privileges from the Navy.  You state that you were drilling and able to pass the PFA, but you had a verbal run in with the military manager at the bachelor enlisted quarters (BEQ) which resulted in the manager threatening your naval career.  You note that, while you were in the Navy Reserve, you received a letter which stated that you were not complying and not attending your drills.  You also state that you have ongoing complications with breathing while running and feeling weak, which you contend that you reported to first class petty officers while you were serving.  You would like shopping privileges for yourself and your family, as well as pay. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the information contained in your April 2006 response to being notified of administrative separation proceedings against you.  In April 2006, you stated that the only time you were unable to drill as expected was when it pertained to the welfare of your children.  You also noted that you were having pay issues, struggled to pay rent, had received an eviction letter, and that your recruiter misled you.  You stated that you did not want the discharge to go any further.  Nonetheless, the commanding officer recommended that you be discharged with a general characterization of service.  The Board reviewed the available information in your record and determined that you were properly notified of administrative separation proceedings on the valid basis of not complying with participation requirements during your first enlistment.  Furthermore, the Board found that given your length of service and the recommendation for a general discharge, the Navy had the authority to discharge you without an administrative separation board.  The Board concluded that your general discharge rather than an honorable characterization was appropriate given your failure to participate satisfactorily in the reserves.  The Board noted your contentions about being targeted by the manager at the BEQ, but did not find sufficient evidence to establish that your administrative separation proceedings were wrongfully influenced by the BEQ manager.  The Board determined that the administrative discharge proceedings were executed without error or injustice and that your general discharge was appropriately issued. 

With respect to your request for pay and lifetime benefits, the Board noted that you raise an issue of struggling with breathing and feeling weak while you were in the Navy.  The Board considered your request under SECNAVINST 1850.4 series and determined that your assertion of having reported breathing struggles and weakness are insufficient to establish that you suffered from a qualifying medical condition or disability while in a pay status that would have entitled you to a medical/disability discharge or retirement.  The Board concluded that your record does not support an entitlement to a medical or disability discharge or retirement and found that you did not provide sufficient evidence to overcome your administrative discharge on the basis of unsatisfactory participation. 

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 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.