Dear ,  
 
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  16 July 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 opinions contained in Director CORB letter 1910 CORB: 001 of 26 May 2020 and Commander, Navy Personnel Command (PERS-95) letter 5400 Ser 95/701 of 12 December 2019 along with your response to the opinions. 
 
A review of your record shows that you entered active duty with the Navy in March 2004 and transferred to Reserve status upon completion of your initial training.  In June 2016, you suffered multiple injuries as a result of a training exercise during a period of Reserve service before Department of Veterans Affairs rated you for a number of service connected disabilities in July 2016.  A line of duty (LOD) report documents your injuries from June 2016 but your LOD request is closed in June 2018 after you failed to provide required medical documentation to Navy Personnel Command.  On 13 August 2018, you were counselled for failure to maintain a medical readiness status based on failure to provide monthly medical updates to your command.  Subsequently, you were notified of administrative separation processing for failing to maintain medical readiness standards and discharged on 28 June 2019 for unsatisfactory participation with a RE-4 reenlistment code.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation and reenlistment code.  You also assert that you should be placed on the disability retirement list for your service connected disability conditions.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions.  Specifically, the Board found insufficient evidence that you were erroneously discharged for unsatisfactory participation. 
 
First, in order to qualify for Disability Evaluation System processing as a Reservist, a member must have an approved LOD.  In your case, your LOD application was never processed due to missing medical information that you failed to provide to Navy Personnel Command.  Therefore, as pointed out in the CORB advisory opinion, there was no basis for a disability determination in your case by the Physical Evaluation Board.   
 
Second, the Board considered your assertions that your administrative separation for unsatisfactory participation was erroneous since your command gave you permission to miss drills.  The Board concluded you were administratively processed for failing to maintain medical readiness and not missing drills.  In the Board’s opinion, your failure to provide timely medical updates to your command was consistent with your inability to provide required medical documents to Navy Personnel Command.  They concluded the preponderance of the evidence supports your administrative separation for unsatisfactory participation based on the August 2018 counseling in your record.  Additionally, the Board found the reenlistment code assigned to you appropriate in light of your inability to maintain medical readiness despite being counselled. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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,    
7/20/2020