DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 7786-01
24 January 2002
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 31 January 2001.
were diagnosed as having vocal cord dysfunction and your
separation from the Navy was recommended.
were notified of administrative separation action because you had
failed the medical or physical procurement standards.
time, you elected to waive your procedural rights.
the separation authority directed an entry level separation and
you were so separated on 2 August 2001.
On 27 July 2001 you
At that
On 25 July 2001 you
After review,
You contend in your application that you should have been issued
an honorable discharge because an entry level separation is only
authorized if an individual is separated within the first 180
However,
days of active duty, and you served for 183 days.
regulations state that separation processing must begin within
180 days and the actual date of separation need not be within 180
You were notified of separation
days of entry on active duty.
processing on 27 July 2001,
to active duty.
regulations, the Board could not find an error or injustice in
your case.
Since you were separated in accordance with
which is 178 days after you reported
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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 and material
evidence or other matter not previously 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,
W. DEAN PFEIFFER
Executive Director
2
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