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NAVY | BCNR | CY2009 | 06993-09
Original file (06993-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 06993-09
11 May 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 7 May 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
injustice.

The Board found that you began a period of active duty in the
Navy on 10 June 1975. The Board noted that the record reflects
that you were the subject of an aptitude board that determined
you had a character and behavior disorder. Further, the report
stated, in part, that you had adapted to training poorly,
demonstrated a tendency to become overwhelmed by the overall
requirements, and were not motivated. It was determined that you
were unsuitable for further service. Subsequently, you were
honorably discharged by reason of unsuitability on 27 June LOGS:
At that time, you were assigned a reenlistment code of RE-4.

The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to poor performance and conduct while in recruit
training. With regard to your numerous contentions, there is no
evidence in the record to support them, and you submitted no such
evidence. The Board thus concluded that there is no error or
injustice in your reenlistment code. 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,

TS, CPt

ROBERT D. ZSALMAN
Acting Executive Director

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