Docket No. 3840-21

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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 6 July 2021.  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.   
 
On 16 June 2017, you enlisted for 8 years in the U.S. Naval Reserve.  On 12 December 2017, you entered active duty for 4 years, and signed an agreement to extend enlistment for 12 months for the following: “Training Five-Year Obligor Program for MM rating per current directives.  I understand that this agreement becomes binding upon execution, and may not be cancelled, except as set for in MILPERSMAN 1160-040.”  On 4 April 2018, you attrited from BECC ADV and on 3 May 2018, you attrited from MM A BECC VP. 
 
You requested that your 12-month agreement to extend enlistment be cancelled due to academic failure; 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 in accordance with MILPERSMAN 1160-040, “Fault of member” is defined as an intentional act of a Service member making the Service member culpable for the outcome which includes a Sailor who willfully commits any action which results in attrition from a formal class “A” or “C” school.  Inoperative extensions will not be cancelled if it is determined that the member is at fault. 

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, 
							         8/22/2021
								 Deputy Director