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

Docket No:  1291-19 

This is in reference to your application of 9 January 2019 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 28 October 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy Reserve and began a period of active duty on 11 August 2014.  On 28 January 2015, you were discharged from active duty to Reserve status.  You had unexcused absences from Inactive Duty for Training (IDT) weekend drills in April, May June and October 2015.  On 2 July 2015, you were warned by a PS1 from the Navy Operational Support Center (NOSC) that you were subject to possible administrative separation.  Subsequently, administrative action to separate you from the naval service was initiated by reason of unsatisfactory participation.  On 22 November 2015, your Commanding Officer (CO) notified you of administrative discharge proceedings.  That same day, you waived counsel, but elected to submit a statement.  On 10 December 2015, your CO noted that no statement was received and recommended administrative separation.  On 14 January 2016, the separation authority concurred, and approved the discharge with a general under honorable conditions characterization of service. On 14 January 2016, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code and assertions that you are a very determined individual with aspirations to be successful.  The Board considered your assertions that you overcame very difficult obstacles, have a strong desire to serve your country and believe the RE code was unjust.  The Board also considered your assertions that you completed drills and had proof and letters from LPO who served with you.  Finally, the Board considered your assertions that you were new to the Navy, under inexperienced leadership, but accepted all responsibilities. 

The Board concluded these factors and assertions were insufficient to warrant a change to your reentry code given your misconduct, which resulted in four months of unexcused absences.  The Board noted you did not produce documentation that you attended the drills question.  Finally, the Board noted you waived your procedural rights in connection with your administrative separation by not submitting a letter.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable reentry code. 

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. 

Sincerely, 


12/4/2019