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NAVY | BCNR | CY2008 | 08076-08
Original file (08076-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 CRS
, Document No: 8076-08

26 June 2009

 

 

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. You requested that the date of your
release from active duty be changed to 11 June 1965. You contend
_that you enlisted for three years and that you were released from
active duty on 11 June rather than 1 June 1965.

‘A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your.
application on 24 June 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 ail 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.

You enlisted in the Navy on 11 June 1962 for three years. There
are multiple documents in your official military personnel file
which show that you were honorably released from active duty on 1
June 1965 and transferred to the Navy Reserve. Among those

documents are a DD Form 214, NAVPERS Form 601, and NAVPERS Forms
601-8,13 and 14.

 

Although you enlisted for three years, you were not entitled to
remain on active duty until 10 June 1966,- when you would have
completed three years of active service. In this regard, the
Board noted that it was permissible to curtail enlistments for a
number of reasons, such as operational commitments and/or
xcequirements and the convenience of the government or the Sailor.

The Board did not accept your unsubstantiated contention to the
effect that you actually remained on active duty until 11 June
1966. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon .
request,

Jt ois xegretted 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.
Consequentiy, 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 PFEIFF
Executive Dire

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