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NAVY | BCNR | CY2009 | 07677-09
Original file (07677-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 7677-09
4 June 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 27 May 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicablé 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.

You enlisted in the Navy and began a period of active duty on 26
January 1987 at age 24. On 30 January 1987, you were counseled
and warned that your reading level of 4.5 was below the required
minimum of 7.0, and you were placed on probation. On 20 March
1987, you were counseled and warned that you failed an academic
test. On 3 April 1987, you were the subject of a mental health
evaluation that stated in part, that you did not possess the
ability to meet the demands of the Navy. You were notified of
the recommendation that you be discharged by reason of entry
level separation due to unsatisfactory performance and/or
conduct. Subsequently, your commanding officer directed an entry
level separation and you were so discharged.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given your unsatisfactory
performance. Additionally, an entry level separation is required
when notification of administrative discharge processing is
issued within the first 180 days of continuous active duty.
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 PFEAF
Executive cvor

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