Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 05693-09
Original file (05693-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE

WASHINGTON DC 20370-5100 Docket No. 05693-09
24 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 16 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 Marine
Corps from 26 March to 16 August 1990, when you were discharged
by reason of physical disability with an uncharacterized entry
level separation.

The Board noted that in cases where discharge processing is
initiated while a service member is in an entry level status,
i.e., prior to the completion of 180 days of service, he will
receive an uncharacterized entry level separation, unless an
honorable discharge igs clearly warranted by presence of unusual
circumstances involving personal conduct and performance, and is
approved on a case-by-case basis by the Secretary of the Navy.
As you were discharged prior to your completion of 180 days of
service, and there were no unusual circumstances present in your
case that warranted consideration by the Secretary, you were not
entitled to a characterized separation. 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,

   

) Ae
W, DEAN PF
Executive

Similar Decisions

  • NAVY | BCNR | CY2007 | 02798-07

    Original file (02798-07.rtf) Auto-classification: Denied

    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 18 September 2006 to 3 January...

  • NAVY | BCNR | CY2001 | 02730-01

    Original file (02730-01.pdf) Auto-classification: Denied

    the minimum standards for enlistment due to your mental condition, the Board could find no error or injustice in your assigned reenlistment code. The Board thus concluded that the Since you do not meet In this regard, the Board noted Regulations authorize You are advised that personal granted by the Board and only determines that a case cannot individual's presence, or the some useful purpose. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2001 | 06002-01

    Original file (06002-01.pdf) Auto-classification: Denied

    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 discharge authority directed an uncharacterized entry level separation by reason of personality disorder. 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 | 01306-09

    Original file (01306-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. 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 | 08550-09

    Original file (08550-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. As you were separated from the naval service within your first 180 days of service, and there are no unusual circumstances in your case that warrant a characterized separation as an exception to policy, there is no basis for granting your request for a characterized separation. Consequently, when applying for a correction of an official naval record,...

  • NAVY | BCNR | CY2007 | 09324-07

    Original file (09324-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2008. At that time, Sailors who were discharged while in an entry level status were entitled to a characterized separation only if the Secretary of the Navy determined, on a case by case basis, that there were unusual circumstances involving personal conduct and performance which warranted a characterized separation. Consequently, when applying for a...

  • NAVY | BCNR | CY2008 | 08225-08

    Original file (08225-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. 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 | 10575-08

    Original file (10575-08.pdf) Auto-classification: Denied

    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. Rased on the medical evaluation, you were processed for separation by reason of erroneous enlistment due to being allergic to the smallpox vaccination. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2008 | 07528-08

    Original file (07528-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2009. Further, when an individual is separated by reason of fraudulent enlistment during the first 180 days of active service, the individual will receive an uncharacterized ELS. 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 | CY2008 | 04752-08

    Original file (04752-08.pdf) Auto-classification: Denied

    After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Applicable regulations authorize an uncharacterized ELS if the processing of an individual's separation begins within 180 days of his/her entry on active service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...