DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ©
2 NAVY ANNEX
WASHINGTON DC 20870-5100
TUR
Docket No: 6862-09°
4 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 3 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 ¢onscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable materiai error or
injustice.
You enlisted in the Marine Corps on 14 March 1994 at age 19. On
30 March 1994 you were recommended for an administrative
separation after being diagnosed with a knee injury,
specifically, left knee pain secondary to a metallic foreign body
in the joint space, a condition which you were unaware of, but
existed prior to your enlistment.
On 12 April 1994 you were notified of pending administrative
separation by reason of erroneous entry due to failed physical
standards ag evidenced by the diagnosed knee pain which existed
prior to your enlistment. At that time you did not object to the
separation and waived your right to submit a rebuttal statement
to the aforementioned notification. Subsequently, the separation
authority directed an uncharacterized entry level separation by
reason of erroneous entry. On 15 April 1994 you were so
separated and assigned an RE-3P 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 characterize your discharge as honorabie
for political purposes. Nevertheless, the Board concluded these
factors were not sufficient to warrant characterization of your
separation because you did not complete recruit training and as
such served for less than 180 days, which is required for
characterization of service. Finally, uncharacterized entry
level separations are authorized by regulations and required for
Marines 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,
LD ass
W. DEAN P
Executive Dil o
NAVY | BCNR | CY1999 | 06862-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. On 12 April 1994 you were notified of pending administrative separation by reason of erroneous entry due to failed physical standards ag evidenced by the diagnosed knee pain which existed prior to your enlistment. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 03424-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2011. In this regard, you were assigned the appropriate reentry code based on your circumstances. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the -existence of pyobable material error or injustice.
NAVY | BCNR | CY2009 | 10723-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. 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 your entry level separation by. 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...
NAVY | BCNR | CY2001 | 06647-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2001. 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. Subsequently, you were processed for an administrative separation by reason of erroneous entry due to the diagnosed personality disorder.
NAVY | BCNR | CY2014 | NR5075 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2015. 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. 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...
NAVY | BCNR | CY2011 | 01329-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November. 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 | 10631-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 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, After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 00320-11
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2010 | 06935-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. The diagnosis of your knee condition was changed to chondromalacia patella (CMP), and you were recommended for discharge because knee pain which interfered with your ability to perform your duties as a recruit. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 13307-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. On 22 March 1994, you were notified of pending administrative separation action by reason of defective enlistment and erroneous enlistment due to the diagnosed instability of your right shoulder which was not disclosed prior to your entry into the Navy. Based on the medical evaluation, you were processed for separation by reason of failed...