DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7612-08
23 September 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 three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 September 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
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 10 August 1998.
On 7 October 1998 you were diagnosed with a right shoulder
dislocation, and it was noted that you had a history of shoulder
dislocations prior to enlisting, which you failed to disclose.
On 26 October 1998 you received an entry level separation by
reason of fraudulent entry.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, good post
service conduct, and the contention that you were first injured
in recruit training. The Board concluded that those factors were
insufficient to warrant a change in the reason for your
discharge. The Board did not accept your contention that you did
not have a disqualifying shoulder condition when you applied for
enlistment. 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 1s 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,
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