DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX _
WASHINGTON DC 20370-5100
JRE
Docket No. 01306-09
3 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 23 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 served on active duty in the Navy from
16 December 2008 to 27 January 2009, when you were discharged by |
reason of fraudulent entry with an uncharacterized entry level
separation. Your discharge was based on your concealment of a
disqualifying pre-service history of shortness of breath, a
diagnosis of asthma at age 12, and your use of an inhaler until
you were 17 years of age. You were not entitled to a
characterized separation because you were discharged within your
first 180 days of service. As your disqualifying condition was
net incurred in or aggravated by your brief period of naval
service, you were not entitled to discharge or retirement by
reason of physical disability.
In view of the foregoing, 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,
\Wyur.s :
W. DEAN P
Executive ector
NAVY | BCNR | CY2008 | 08447-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. The Board found that you served on active duty in the Navy form 28 January 2008 to 27 February 2008, when you were discharged by with an...
NAVY | BCNR | CY2009 | 12555-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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 | CY2009 | 12316-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your -application on 2 December 2009. Documentary material considered by the Board consisted of your application, together with ali 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 | CY2009 | 07494-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board carefully considered the medical evidence you submitted in support of your application but found it insufficient to warrant corrective action in your case. Consequently, when...
NAVY | BCNR | CY2010 | 02948-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 March 2010. 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 | CY2009 | 01850-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 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. The Board found that a reentry code of RE-4, while not required, may be assigned to Sailors discharged by reason of erroneous entry.
NAVY | BCNR | CY2008 | 08552-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2009. Given your suicidal ideation, and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code. 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 | CY2009 | 06982-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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...
NAVY | BCNR | CY2008 | 09988-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on i 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. The Board found that a reentry code of RE-4 may be assigned to Sailors discharged by reason of erroneous entry.
NAVY | BCNR | CY2009 | 03077-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on i6 April 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...