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NAVY | BCNR | CY2005 | 03661-05
Original file (03661-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


MEH
Docket No. 3661-05
22 February 2006










This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2006. 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, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. You were discharged with a Separation Code of JFV, “Condition not a disability including allergy, motion sickness, etc.” This code appears to accurately reflect the reason for your separation (knee injury), and it does require recoupment of the unearned portion of a bonus. You reenlisted on 18 April 2000 for a term of 6 years and were discharged on 25 July 2003. The initial SRB installment is one-half the total amount due, with the remainder paid in equal installments on each anniversary date of the reenlistment. The unearned portion of this “up-front” payment, plus the unearned amount from the date of your last anniversary installment to the date of your discharge is being properly recouped. 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.







Docket No. 3661-05


In this regard, it is also 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.




         W. DEAN PFEIFFER
                                                                                 Executive Director
                                                                       

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