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NAVY | BCNR | CY2009 | 07848-09
Original file (07848-09.pdf) Auto-classification: Denied
PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 07848-09
19 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 8 June 2010. 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.

You enlisted in the Navy and began a period of active duty on

23 December 1971. The Board noted that based on the information
currently contained in your record it appears you were the
subject of an erroneous enlistment by reason of a physical
disability that exited prior to your entry. Subsequently, you
were processed for.separation by reason of erroneous enlistment
due to a physical disability. On 18 January 1972, you received
an honorable discharge.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your reason
for discharge due to the diagnosed physical disability that
existed prior to your entry into the Navy. 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
Roard 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,

Executive xr

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