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NAVY | BCNR | CY2009 | 04352-09
Original file (04352-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

JRE
Docket No. 04352-09
29 January 2010

 

 

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 22 January 2010. 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
o£ your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
enclosed advisory opinion furnished by the Secretary of the Navy
Council of Review Boards.

After careful and conscientious consideration of the entire
record, and notwithstanding the comments contained in the Board
found that the evidence submitted was insufficient to establish
the existence of probable material error or injustice. In this
regard, the Board found that your enlistment was fraudulent in
that you concealed your disqualifying history of psychiatric
treatment and drug and alcohol use in order to procure it. ihe
Board concluded that it would not be in the interest of justice
to recommend any corrective action that would, in effect, permit
you to benefit from your fraud. In addition, in the absence of,
records of the psychiatric evaluation and treatment you
underwent prior to enlisting, the increase in severity of your

disability, if any, that occurred during your period of naval
service cannot be accurately assessed. 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,
W. DEAN P
Executive ector

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