DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2615-21 Date: Ref Signature Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 19 May 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). The Board determined that your personal appearance, with or without counsel, would 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. You enlisted in the Navy and completed a period of active service on 19 September 2002. You served in the Individual Ready Reserves (IRR) from 6 August 2006 until 20 October 2007. On 20 October 2007, you applied to enter into the Naval Reserves. You completed an Enlisted Application and Orders to Naval Reserve Unit (CNAVRES 1326/4), for which you signed an acknowledgment that upon your entry into the Naval Reserves you were required to perform 48 drills and 12 days duty for training annually. On 23 October 2007, your request to enter the Naval Reserves was accepted. Once entering the Naval Reserves you failed to attend Inactive Duty Training (IDT). As result of the foregoing, on 15 February 2008, administrative separation proceedings were initiated due to your unsatisfactory participation, at which point, a certified letter was forwarded to your home of record. On 27 March 2008, your commanding officer recommended your discharge with a general characterization of service due to your unsatisfactory participation. On the same day, the discharge authority concurred with your commanding officer’s recommendation, you were issued an RE-4 reentry code, and you were discharged. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to change your reentry code to RE-1. You contend you were unaware that you were placed in the Naval Reserves, and you later discovered you were issued an RE-4 reentry code due to unsatisfactory participation. The Board noted your statements are contrary to the record. The record reflects you applied for entry into the Naval Reserves and signed an acknowledgment for your requirement to perform to perform 48 drills and 12 days duty for training annually. The Board commends your continued service in the Army Reserves, notwithstanding, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board noted you failed complete your obligation in the Naval Reserves, therefore you were issued the appropriate reentry code. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 6/7/2021 Executive Director