DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JMP Docket No: 6129-17 OCT 2 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions ofTitle 10, United States Code, Section 1552. 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. 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 threemember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 2018. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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 enlisted in the Navy and began a period ofactive duty on 19 September 2001. On 18 September 2005, you were honorably discharged after completion ofrequired active service and continued serving in the Ready Reserve. On 15 January 2006, you were granted a conditional release from the Ready Reserve for enlistment/appointment into the Active Duty Navy. The DD Form 368 stated the release was valid until 16 February 2006. From 6 January 2007 to 11 March 2007, you accumulated six unexcused weekend drill dates. You were subsequently notified of pending administrative separation action by reason of unsatisfactory participation in the Ready Reserve. After you failed to respond to the separation notification, the discharge authority approved the recommendation and directed a general, under honorable conditions, discharge by reason of unsatisfactory participation. On 27 May 2007, you were discharged and assigned a RE4 (not recommended for reenlistment) reentry code. The Board carefully weighed. all potentially mitigating factors, your desire to enlist in the U.S. Army, and your contention that your conditional release was approved prior to the missed drill days. The Board noted the conditional release DD Form 368 was valid until 17 February 2006 and your unexcused drills were almost a year after the expiration ofthe conditional release. The Board concluded you received the correct reentry code because an RE-4 reentry code was authorized due to your administrative separation by reason ofunsatisfactory participation in the Ready Reserve. 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 and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director