DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03473-09
17 April 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 16 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 May to 10 July 2008, when you were discharged, pursuant to
your request, because of a defective enlistment agreement.
Although you were found not physically qualified for service in
the rating for which you had enlisted, you were considered fit
for duty. You could have remained on active duty had you been
willing to waive your enlistment guarantee, but you chose not to
do so.
As you have not demonstrated that you should have received an
involuntary “medical discharge”, vice a voluntary separation due
to an unfulfilled enlistment committment, and 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,
\y!
W. DEAN PF
Executive D
or
NAVY | BCNR | CY2009 | 01879-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 April 2009. You were evaluated by a medical board on 4 May 1982 and given a diagnosis of bilateral leg pain that existed prior to your enlistment and was not aggravated by your service. 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 | CY2009 | 04199-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 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...
NAVY | BCNR | CY2010 | 05249-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were diagnosed with a depressive disorder and recommended for an uncharacterized entry level separation.
NAVY | BCNR | CY2008 | 12170-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2009. You were discharged from the Marine Corps on 10 May 1978. 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 | CY2010 | 00917-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 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. The Board noted the psychological reports that you submitted with your application and the applicable regulations that require the assignment of...
NAVY | BCNR | CY2008 | 05576-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2009. At that time, you were assigned a reenlistment code The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous enlistment based on medical conditions that existed prior to entry into the service. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2008 | 04982-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. 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 | CY2008 | 03762-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2009. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to fraudulent enlistment based on medical conditions that existed prior to entry into the service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 00290-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. In the absence of evidence which demonstrates that you were not physically qualified for release from active duty on 2 October 2008, or that you were unfit for duty by reason of physical disability on 27 May 2009, when you were discharged by reason of physical fitness assessment failure, the Board was unable to recommend any corrective action in...
NAVY | BCNR | CY2009 | 01450-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. During the period from 16 May 1983 to 23 April 1984, you had three periods of UA totaling 295 days. 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.