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NAVY | BCNR | CY2006 | 01774-06
Original file (01774-06.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
        
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
         TRG
Docket No: 1774-06
1 November 2006


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 pane1 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2006. Your allegations of error and injustice were r viewed 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 Boar found that the evidence submitted was insufficient to establish he existence of probable material error or injustice.

You enlisted in he delayed entry program (DEP) of the Naval Reserve on 29 September 1987 at age 25. You remained in the DEP until you enlist d in the Navy on 15 March 1988. An entry in your record stat s, in part as follows:

... she desires separation due to the emotional condition o her 3 children and possibility of her In-laws trying to get custody of them. (She) was in the DEP for 7 months and during that time she and her husband experienced financial problems which were being resolved prior to her coming here. (Her) priorities lie with he three children and their well being. (She) is ad ant about going home, which would be in the best interest of all concerned. ... fully explained ELS (Entry Level Separation) RE-4 and its consequences


On 4 April 1988 you were notified of separation processing and stated “I do not object to this separation.” After review, the separation authority directed an entry level separation and you
                  were so separated on 12 April 1988. At that time, you were assigned an RE-4 reenlistment code.

You state in your application that your children were being abused by their father and you had to return home to protect them. You desire a correction to the record to show that you completed recruit training so that you can enter that fact on employment applications.

As indicated, the record sets forth sufficient reasons to support your separation from the Navy. Further, it is clear that the separation processing was conducted in accordance with regulations. Since you were properly separated, the Board concluded that a correction to your record was not warranted.

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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