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

Docket No: 5401-19                                                            
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 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 three-member panel of the Board, sitting in executive session, considered your application on 7 November 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. 

You enlisted in the Navy and began a period of active duty on 6 June 2005.  On 5 December 2006, you were discharged with an honorable characterization of service at the completion of your required active service and transferred to the Naval Reserve.  On 7 January 2007, you joined a reserve unit in                 .  You were in an unauthorized absence (UA) status from drill on 10 and 11 March 2007.  You were UA from drill again on 17 and 18 November 2007.  On 12 February 2008, the command sent you a non-compliance with you TNDQ status by certified mail to your address of record in                          ; it was returned unclaimed.  You were UA from drill again on 3, and 4 May 2008.  On 12 June 2008, administrative discharge action was initiated by reason of unsatisfactory participation in the Naval Reserve, mailing it on 19 June 2008 to an address in                     .  Your Navy Operational Support Center (NOSC) notified you via certified mail to a different address, however, the notification was returned with a notation that the residence was vacant.  On 10 August 2008, you were discharged with a general (under honorable conditions) characterization of service and assigned a reentry (RE) code of RE-4. 

You request the Board change your RE code.  You assert the documentation that proved you were in compliance was turned into the command, but it was lost before it was entered into your record.  In support of your petition, you attached copies of your civilian dental records from September 2007 to 2008, a letter of support from the current commanding officer of your reserve unit, and a letter from a naval officer asserting you were mistakenly discharged.  The letter stated you signed a page 13 entry agreeing to have dental work taken care of by your personal dentist, and submitted proof that you did so, however, in June 2008, you stopped showing up on the muster list and you were not getting paid because you had been discharged.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your RE code.  With respect to your contention that your dental compliance paperwork was misplaced, the Board noted that you provided evidence to support your contention, however, it does not address the periods of UA, or the fact that the NOSC could not locate you to serve notice of non-compliance and proposed administrative separation. 

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, 


12/23/2019