DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 847-19 Ref: Signature Date Dear This letter 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 that 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 27 February 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, as well as applicable statutes, regulations, and policies. You originally enlisted in the Navy on 17 April 2012 and were honorably discharged at the completion of your required active service on 3 November 2012. Upon your discharge, you were assigned to a reserve unit attached to the Center ( ) . You had previously signed an acknowledgement regarding the satisfactory participation requirements with the Navy Reserve. However, during calendar year 2016, you failed to attend scheduled reserve drills and accumulated twelve (12) unexcused absences. On 18 January 2017, the NOSC notified you that you were being processed for an administrative discharge by reason of unsatisfactory participation in the Ready Reserve. On 8 March 2017, Navy Personnel Command approved and directed your administrative separation and RE-4 reentry code. Ultimately, on 9 March 2017 you were discharged from the Navy Reserve with an honorable characterization of service. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) that you worked for your family’s pest control company, (b) that your grandfather became very sick, and your father had to step down from the company leaving the responsibility of the pest control company to you, (c) there were certain Navy Reserve drill periods you could not attend due to your family hardship which you communicated to your superiors, and (d) that missing work on those drill periods could have meant the loss of business which you could not risk. Unfortunately, the Board determined these mitigating factors and contentions were insufficient to warrant changing your reentry code or narrative reason for separation, or the granting any other relief in your case. The Board observed that on 13 December 2011, you signed a “Satisfactory Participation Requirements/Record of Unexcused Absences” form (SPR Form) prior to affiliating with the Navy Reserve. In doing so, you acknowledged the annual requirements for your satisfactory participation in the Navy Reserve and the steps you must take with your command when you need to be excused from weekend drills. The Board also noted that no evidence exists in the record that you ever made up any missed drills. The Board sympathized with your family work situation as an explanation for your failure to attend 12 required weekend drills, and that you were absent without legal authority. The record indicates your chain of command considered your circumstances at the time when recommending and awarding you an honorable characterization of service. An RE-4 reentry code simply indicates you are not recommended for reenlistment. Accordingly, the Board determined that there was no probable material error or injustice in your separation and RE-4 reentry code. Additionally, the Board reviewed your application under the guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for Veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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,