DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2596-16 
FEB 27 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. 

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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 18 January 2017. The names and votes ofthe members ofthe 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 ofprobable material error or injustice. 

You enlisted in the Navy Reserve on 22 April 2010. Based on the information currently contained in your service record, you were involuntarily processed for separation due to unsatisfactory performance in the Ready Reserve. The record clearly shows that on 29 March 2012, the separation authority directed that you receive a general (under honorable conditions) discharge for unsatisfactory participation in the Ready Reserve, receive a separation code of HHJ, and be assigned a reentry code of RE-4. 
The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to change your RE-4 reentry code to RE-1, and assertion that after unsuccessfully contacting your new unit for 90 days, you were not given any information once you made contact. The Board found that these factors were not sufficient to warrant changing your RE-4 reentry code given your unsatisfactory performance and refusal to adhere to Navy Reserve regulations. 

In regard to your assertion, the Board concluded that it is your responsibility to ensure you are adhere and conform to Navy Reserve regulations before deciding not to participate in required drills. The Board also noted that the record clearly shows that on 11 September 2011, a notification letter was mailed to you by certified mail infonning you that you were to be administratively separated for unsatisfactory performance in the Ready Reserve. Your Commanding Officer received the certified letter return receipt back showing the notification letter was received by on 24 September 2011. Your failure to respond to the certified letter from your Commanding Officer, and failure to take immediate corrective action ultimately resulted in your discharge from the Navy Reserve. The Board was not persuaded by your assertion that after unsuccessfully contacting your new unit for 90 days, you were not given any information once you made contact, given that there is no evidence in the record to suppo1i your claim. Finally, once a reenlistment code is correctly assigned it is not routinely changed or upgraded as a result ofevents that occur after separation or based merely on the passage of time. 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 within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. ln this regard, it is important to keep in mind that a presumption of applying for coITection of an official naval record, the burden is on the applicant to demonstrate the existence ofthe probable material e1Tor or injustice. 

Sincerely, 

Executive Director