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NAVY | BCNR | CY2005 | 00601-05
Original file (00601-05.doc) Auto-classification: Denied



           DEPARTMENT OF THE NAVY
           BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100






                                              TJR
                                                   Docket No: 601-05
                                                   24 October 2005









          This is in reference to your application for correction of your
          naval record pursuant to the provisions of Title 10, 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 18
          October 2005. 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 the evidence submitted was insufficient to
          establish the existence of probable material error or injustice.

          You enlisted in the Navy on 10 November 1982 at age 17. About a
          month later, on 13 December 1982, you were notified of pending
          administrative separation action by reason of entry level
          performance and conduct due to minor disciplinary infractions,
          substandard performance, and/or inability to adapt to military
          service. At that time you waived your right to consult with legal
          counsel and did not object to the separation. On 14 December 1982
          the discharge authority directed an uncharacterized entry level
          separation by reason of performance and conduct, and on 17
          December 1982 you were so separated from the Navy, and assigned an
          RE-4 reenlistment code.

          The Board, in its review of your entire record and application,
          carefully weighed all potentially mitigating factors, such as your
          youth and assertion that your discharge was the result of your pre-
          service drug use. Nevertheless, the Board concluded these factors
          were not sufficient to warrant characterization of your service,
          or to change the narrative reason for separation or reenlistment
          code. An uncharacterized entry level separation is
routinely assigned when an individual is separated within the first 180
days of active service. An RE-4 reenlistment code is required when a Sailor
is separated by reason of entry level performance and conduct. Finally,
there is no evidence in the record, and you submitted none, to support your
assertion. 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,




                                        Executive Director


























                                      2

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