Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 09660-08
Original file (09660-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100

 

SIN
Docket No: 09660-08
24 August 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 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 and began a period of active duty on

22 September 1986 at age 22. On 3 October i986, you were
counseled after your first failure of a recruit training test.
You were assigned mandatory night study, assigned to another
company, and warned that further poor performance and conduct,
could result in administrative discharge action. Unfortunately,
a recruit evaluation report covering the period from 3-13 October
1986, stated, in part, that you were an academic test failure,
were homesick, and the illness of your mother only added to your
problems. You were given training on test taking and given
another chance to take the exam. On 21 October 1986, after your
third failure, you were recommended for separation.

On 23 October 1986, administrative separation action was
initiated due to entry level performance and conduct as evidenced
by your repeated academic failures. Your commanding officer
stated, in part, that you did not have the ability or
determination to satisfactorily complete the required course of
instruction prior to transfer to the fleet. Accordingly, on

6 November 1986, you received an uncharacterized entry level
discharge and assigned an RE-4 reenlistment code.

Applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated due to entry
level performance, This code is usually assigned when an
individual is discharged prior to completion of recruit training.
The Board thus concluded that there is no error or injustice in
your reenlistment code. 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 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,

IVe aes

Executive Dire

Similar Decisions

  • NAVY | BCNR | CY2011 | 00706-11

    Original file (00706-11.pdf) Auto-classification: Denied

    A three-member panel of the Boara for Correction of Naval Records, sitting in executive session, considered your application on 2 November 2011. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of the narrative reason for separation or reenlistment code, which were based on your performance and conduct. 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 | CY2003 | 01763-03

    Original file (01763-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. The Board found that your Navy record shows that you were given complete recruit training but were unable or every opportunity to unwilling to do so. 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 | CY2014 | NR3855 14

    Original file (NR3855 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | CY2001 | 05037-01

    Original file (05037-01.pdf) Auto-classification: Approved

    14 January 5037-01 2002 From: To: Subj: Ref: Encl: Chairman, Board for Correction of Naval Records Secretary of the Navy CORD OF (a) 10 U.S.C.1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy, applied to this Board requesting, in effect, that his reenlistment code be changed. recommended that Petitioner be academically discharged due to his English language...

  • NAVY | BCNR | CY2009 | 06479-09

    Original file (06479-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 2010. 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 | CY2001 | 03854-01

    Original file (03854-01.pdf) Auto-classification: Denied

    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 discharge authority directed a general discharge by reason of He stated that the Navy had invested consider- fraudulent entry. determining what your true statement is, the governor of your state or the one you made while at the service school.

  • NAVY | BCNR | CY2009 | 00343-09

    Original file (00343-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval. 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. Based on the mental evaluation, you were processed for separation by reason of erroneous enlistment.

  • NAVY | BCNR | CY2008 | 00645-08

    Original file (00645-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2008. 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...

  • NAVY | BCNR | CY2008 | 08781-08

    Original file (08781-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2006 | 06897-06

    Original file (06897-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2007. On 3 August 1988 you were notified of pending administrative separation action by reason of performance and conduct due to academic failure. 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.