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NAVY | BCNR | CY2002 | 07849-02
Original file (07849-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 WMP
 Docket No: 7849-02
28 March 2003






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 26 March 2003. 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, your naval record and applicable statutes, regulations and policies.

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.

The Board found that you enlisted in the Navy on 29 December 1983 for four years at age 20. On 1 February 1984, you were referred to the entry level review board because of poor military performance and your inability to adjust to a military training environment. The review board found you unsuitable for naval service. An immediate entry level separation was recommended.

On 3 February 1984 you were notified that separation action was being initiated by reason of entry level performance and conduct. You were advised of and waived your procedural rights. You received an uncharacterized entry level separation on 17 February 1984 by reason of entry level performance and conduct and were assigned an RE-4 reenlistment code.









In its review of your application the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, and your contention that you received a general discharge. However, the Board found that you received an uncharacterized entry level separation vice a general discharge, as you contend. Regulations authorize the issuance of an entry level separation to individuals during the first 180 days of continuous active duty. Accordingly, your entry level separation was appropriate because you served less than 180 days of continuous active duty. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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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