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NAVY | BCNR | CY2008 | 11430-08
Original file (11430-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 11430-08
25 March 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 7 January 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 14 April
1976. On 27 July 1977 you requested an humanitarian reassignment
due to the illness of your mother. On 11 September 1978 you were
released from active duty by reason of hardship and transferred
to the Navy Reserve with a characterization of service of under
honorable conditions. On 16 May 1979 you received an honorable
discharge and were transferred to the National Guard.

The Board found that you did not qualify for an honorable
characterization of service on your release from active duty
because your conduct mark average of 2.8 was below the minimum
average required for an honorable discharge. In addition, your
reason for discharge should not be changed since it is clear that
you were discharged due to hardship. 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
cyidence or other matter not previously considered by the Board.

tn 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,

y EAN P

Executive D

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