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NAVY | BCNR | CY2007 | 00953-07
Original file (00953-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


CRS
Docket No: 953-07
27 March 2008







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 thr e e—member panel of the Board for Correction of Naval Recor d s, sitting in executive session, considered your application on 26 March 2008. 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 there f, 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 B o ard found that you served on active duty in the Navy from 16 Ju n e to 26 October 2006, when you were separated by reason of erroneous enlistment, with an entry level separation based on your p reviously concealed history of psychiatric illness and drug and alcohol abuse. You were assigned a reentry code of RE-4, as permi t ted by governing directives.

As yo u r present reentry code is correct, and you have not demonstrated that it would be in the interest of justice for the Board to assign a more favorable code, there is no basis for granti n g your request. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Bo a rd did not consider whether your characterization of service or reason for separation should be changed, since you have n t exhausted your administrative remedy by applying to the Naval discharge Review Board (NDRB). You may apply to NDRB by submit t ing the attached DD Form 293.

It is regretted that the Circumstances of your case are such that favora b le action cannot be taken. You are entitled to have the
Boar d reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In t h i s is regard, it is importa nt to keep in mind that a presumption of regularity attaches to all official records. Consequently , when applying for a correction of an official naval reco r d the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,



W. DEAN PFEIFFER
Executive Director


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