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NAVY | BCNR | CY2009 | 03077-09
Original file (03077-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900

 

JRE
Docket No. 03077-09
11 May 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 i6 April 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
27 June to 21 July 1989, when you were discharged by reason of
erroneous enlistment due to a physical disqualification that
existed prior to your enlistment. You received an
uncharacterized entry level separation. You were discharged
without entitlement to disability benefits administered by the
Department of the Navy because your disqualifying condition was
not incurred in or aggravated by your brief period of naval
service. You were not entitled to a characterized separation
because you served on active duty for less than 180 days and
were discharged while in an entry level status.

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,

RUN Fue

ROBERT D-2ZSALMAN
Acting Executive Director

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