Docket No: 6469-20 Ref: Signature Date Dear This letter is in reference to your reconsideration request. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 28 September 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, 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. Administrative Remarks dated 4 April 2006, state that you failed to pass the Physical Fitness Assessment (PFA) and were not able to attend boot camp within the one-year timeframe provided in 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. On 13 July 2006, Commanding Officer, , 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. In your application for reconsideration, you take issue with the previous decision letter NR20200003021, which read in part, “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 assert that the Board “made-up information and lies of stereo typing.” The current Board noted your assertions and revisited your 24 April 2006 letter, as reflected in your service record, to ensure that the information considered upon review was accurate. The Board noted that your 24 April 2006 letter referenced “a concern with my pay;” a statement that “b/c I was not making the money that I normally made, my parents were sending my rent and it was lost in the mail;” and “by Jan 15, I had an eviction letter on my door along with a lot of crazy fees, pet fees, and fees that weren’t on my contract.” The Board limited its review to the information reflected in your available record and submitted by you, and noted the clarity you provided in your current petition regarding your lack of financial struggle. In your request, you seek an upgrade to an honorable discharge, shopping privileges and base access, a photo in uniform, promised sign on bonus of $10,000, and at least 50-60% of pay due to being unjustly and erroneously kicked out of the Navy. You assert that the BEQ manager lied about you and threatened you, and that you were kicked out of the Navy based on lies to include that you could not pass your PFA. You note that this has caused so much stress. You also note that you were inconvenienced, flipped your life around for the Navy and took losses, yet you were lied about, stereotyped because of your personal life, and falsely held out to your commander as no long able to drill as you followed orders not to drill again. You also state that you never signed anything agreeing to conclude your time and service with the Navy. You provide medical records in support of your application and a personal statement detailing the circumstances of your military service. You also provide a letter of support from your spouse. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contentions that you were the victim of lies and misstatements that ultimately led to your discharge. The Board again found, however, that you did not provide sufficient evidence to establish the basis of your claims of erroneous and unjust treatment by the Navy. The Board reviewed your available service record and again concluded that your discharge was properly executed on the basis of unsatisfactory participation as documented in your record through Administrative Remarks and your administrative separation package. The Board found that your record does not reflect an error or injustice that supportsd an upgrade to an honorable discharge, shopping privileges and base access, a photo in uniform, compensation for a sign on bonus of $10,000, or at least 50-60% of pay. It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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, Microsoft Office Signature Line...