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NAVY | BCNR | CY2008 | 10482-08
Original file (10482-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .

 

CRS
Docket No: 10482-08
7 July 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 1 July 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 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 Reserve on 10 July
1985 for a term of 8 years. You performed 172 days of active
duty for training during your enlistment, but no periods of .
inactive duty for training. A Record of Discharge from the U.S.
Naval Reserve (NAVPERS 1070/6115} dated 30 December 1986 indicates
that you were honorably discharged by reason of expiration term
of service on that date, as well as discharged under other than
honorable conditions and not recommended for reenlistment. An
Administrative Remarks entry dated 30 December 1986 indicates
that you were discharged by direction of the Commander, Navy

Military Personnel Command, with a discharge under other than:
honorable conditions.

The NAVSO 1070/615 you were issued on 30 December 1986 is a pre-
printed form designed to be used when a Sailor was discharged by
reason of expiration of term of service (ETS). As you completed
‘less than one-fourth of your enlistment, it ig clear that you
were ineligible for an ETS separation. The Board noted that for a
short period of time in the 19808 the NAVSO 1070/615, with
appropriate modifications, was used to memorialize other types of
separations. Due to administrative error, the form you received
was nol properly modified; however, its presence in your official
Military personnel file does not alter the actual basis for your
separation from the Navy Reserve, or entitle you to an honorable
discharge or a positive recommendation for reenlistment.
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, t

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