DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6479-09
2 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
TH wetice.
You enlisted in the Navy on 11 October 1988 at age 20. While in
recruit training, during the period from 20 October to 7 November
1988, you were repeatedly counselled and warned regarding
deficiencies in your performance and conduct, specifically, your
academic test failure, failure to adapt to a military standard,
unsatisfactory performance, not getting along with other
shipmates, numerous complaints against peers, and lack of
coordination and military bearing. As a result of your
substandard performance, you were recommended for an
administrative separation.
On 9 November 1988 you were notified of pending administrative
separation by reason of performance and conduct. At that time
you did not object to the separation and waived your right to
submit a rebuttal statement to the aforementioned notification.
Subsequently, you were recommended for separation by reason of
performance and conduct. The separation authority approved this
recommendation and directed an uncharacterized entry level
separation by reason of performance and conduct. On 1 November
1985 you were so separated and assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change the characterization of your
separation and your reenlistment code. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your separation or a change of your
reenlistment code because your substandard performance was
sufficient to support both the uncharacterized entry level
separation and assignment of an RE-4 reenlistment code. Finally,
such a code is normally assigned to Sailors who are separated due
to their failure to complete recruit training. Accordingly, your
application has been denied.
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,
\Nnos
W. DEAN P
Executive CC
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