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NAVY | BCNR | CY2008 | 07720-08
Original file (07720-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 07720-08
10 August 2009

 

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 5 August 2009. 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 25 July 1996, and served without
disciplinary incident. However, you were separated on 25
November 1998, with an honorable discharge and an RE-4
reenlistment code due to a personality disorder. Although you
assert that you were separated from naval service due to a
hardship, the Board found that your record contains no
documentary evidence to support your claim. Further, you signed -
in acknowledgement your certificate of release or discharge from
active duty (DD 214) which gave the reason for separation was due
to your personality disorder.

Therefore, the Board, in its review of your entire record and
application, carefully weighed all potentially mitigating
factors, such as your youth. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
separation code. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished

upon request.

It ig 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,

\o Yeo

W. DEAN P E
Executive Bj tor

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