Docket No. 3487-19
Ref: Signature Date

Dear Petty Officer   
 
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 relevant portions of your naval record and your application, 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 11 August 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.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command (NPC) letter 1900 Ser 91/118 of 4 June 2020; a copy of which was previously provided to you for comment.  
  
On 15 January 1997, you enlisted for 8 years in the U.S. Navy Reserve.  On 4 September 1997, you entered active duty, and on 3 September 2001, you were released from active duty and transferred to the Naval Reserve.  You received an unexcused absence from drill for the following dates: 25 January 2003, 26 April 2003, 17/18 May 2003, 4/5 October 2003, 1/2 November 2003, 6/7 December 2003, 10/11 January 2004, 7/8 February 2004, and 6/7 March 2004.  On 11 March 2004, you were honorably discharged from the U.S. Navy Reserve.  On 22 April 2004, Commanding Officer, Naval and Marine Corps Reserve Center,  notified Commander, Navy Personnel Command of your administrative separation due to unsatisfactory participation in the Ready Reserve.   This was due to not maintaining 85% of assigned drills during any 12 month period to maintain satisfactory drill participation.  Furthermore, it was approved on 1 June 2004 and filed by PERS-913.  On 7 August 2006, you enlisted for 4 years in the    . 
  
You requested Commanding Officer, Naval and Marine Corps Reserve Center,  letter date 22 April 2004 with enclosures be removed from your record; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that from 26 April 2003 to 7 March 2004 you had 15 unexcused absences. In order to maintain 85%, you would have only been allowed to miss 7 drill periods. Finally, that there is no evidence to support your assertion that you submitted paperwork to “pause” your reserve obligation.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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. 
 
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 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,