DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7362-18  
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 you did not file your application 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 3 June 2019.  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. 

According to your medical records, during a 21 April 2002 enlistment medical examination, the examining physician identified a slight hernia.  A medical note of the same date from your civilian provider stated that you were under his care and that you had restrictions on the amount of weight you could lift.  You were allowed to enlist in the Navy and began a period of active duty on 7 May 2002.  After initial training, you became a member of the Ready Reserve.  You had an authorized absence for drill periods in August, September, October, November and December of 2002.  Your military medical records, thereafter, contain documents that you sent in by fax with a note from your civilian doctor stating you would be able to return to drill on 4 January 2003.  Your record then reflects you had unexcused absences for drill periods in January, February, and March of 2003.  On 18 March 2003, administrative discharge action was initiated by reason of unsatisfactory participation in the reserve.  After being afforded all of your procedural rights, you chose to consult with counsel, although the “counsel certification” portion of the document is not signed.  Although you also chose to submit statements to the separation authority, no statements appear in your record.  On 13 May 2003, your commanding officer forwarded your case to the separation authority and recommended that you receive a general (under honorable conditions) discharge.  On 17 June 2003, you received a general discharge. 

You requested the Board upgrade your discharge to honorable.  You provided documentation of your hernia surgery that was performed on 30 October 2002.  The civilian doctor’s restrictions for your post-surgical recovery were: no work, no driving, prescription pain medication, and no strenuous exercise or lifting for six weeks.  The documentation states that, on 4 January 2003, you were released from your doctor’s care with no restrictions.  You asserted that you intended to return to your unit and meet your reserve requirements, but you were told to not return. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions.  With regard to your contention you were told not to return to your unit, the Board noted you provided no evidence to support your contention.  Absent such evidence, the Board relied on the presumption of regularity and presumed that the officials acted in good faith and in accordance with governing law and policy.  Further, because you were given a general discharge under honorable conditions, the Board found that this discharge characterization was not unjust given your absence from so many scheduled drill periods.  The Board, thus, found no material error or injustice in your discharge.
 
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 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. 

Sincerely,