Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 09454-08
Original file (09454-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |

 

TIR
Docket No: 9454-08
13 August 2009

 

This ig 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 11 August 2009. The names and votes of the
members of the panel will be furnished upon request.

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 29 April 1992 at age 18 and began a
period of active duty on 12 May 1992. Shortly thereafter, on 22
May 1992, you were referred for evaluation due to your failure to
adapt. At that time you complained of not being able to cope
with stress and missing your daughter. You were diagnosed with
an adjustment disorder with mixed emotional features and.
recommended for an expeditious separation. The medical report
Stated, in part, that your retention would likely result in
increased stress which could cause potential psychiatric
morbidity and possible mortality with no benefit to the Navy. On
26 May 1992 you were counselled regarding your performance and
conduct as evidenced by your inability to adapt. As a result,
you were recommended for an administrative separation.

Subsequently, you were notified of pending administrative
separation by reason of performance and conduct. At that time
you did not object to the separation and waived your right to
submit a rebuttal statement to the aforementioned notification.
The separation authority directed an uncharacterized entry level
separation by reason of performance and conduct and on 5 June
1992 you were so separated and assigned an RE-4 reenlistment

code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code or narrative reason for separation.
Further, the Board concluded that your substandard performance
was sufficient to support the assignment of an RE-4 reenlistment
code. Finally, such a code is normally assigned to Sailors who
are separated due to their failure to complete recruit training.
Accordingly, your application has been denied.

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,

We ra
Executive Ir

Similar Decisions

  • NAVY | BCNR | CY2008 | 07070-08

    Original file (07070-08.pdf) Auto-classification: Denied

    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. On 24 September 1992, you received an honorable discharge due to the diagnosed personality disorder. 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.

  • NAVY | BCNR | CY2002 | 03511-02

    Original file (03511-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support and applicable statutes, regulations, thereof, your naval record, and policies. normally...

  • NAVY | BCNR | CY2007 | 07705-07

    Original file (07705-07.pdf) Auto-classification: Denied

    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. At this time you were not recommended for retention or reenlistment, and assigned an RE-4 reenlistment code. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your failure to complete basic training due to your lack...

  • NAVY | BCNR | CY2008 | 08627-08

    Original file (08627-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 03601-07

    Original file (03601-07.rtf) Auto-classification: Denied

    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 13 July 2005 at age 18. In this regard, the discharge authority directed...

  • NAVY | BCNR | CY2007 | 11326-07

    Original file (11326-07.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUR Docket No: 11326-07 14 November 2008 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 13 November 2008. Documentary material considered by the Board consisted...

  • NAVY | BCNR | CY2008 | 03441-08

    Original file (03441-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2009. 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. On 9 December 1992, the separation authority approved the discharge recommendation, but the separation action was subsequently suspended due to...

  • NAVY | BCNR | CY2007 | 08006-07

    Original file (08006-07.pdf) Auto-classification: Denied

    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. It also considered the medical record submitted in support of your case which states, in part, that presently there is no evidence of a personality disorder, and that the resolution of the diagnosed symptoms were likely due to your situational changes. Nevertheless, the Board concluded...

  • NAVY | BCNR | CY2008 | 11592-08

    Original file (11592-08.pdf) Auto-classification: Denied

    A three-member “panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2°’ September 2009. 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. On 19 May 1987, you were notified of administrative separation processing for entry level performance/conduct as evidenced by your failure to adapt...

  • NAVY | BCNR | CY2007 | 02697-07

    Original file (02697-07.rtf) Auto-classification: Denied

    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 3 July 1986 at age 20. As a result, you were administratively processed...