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Decision Text

NAVY | BCNR | CY2009 | 08550-09
Original file (08550-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 |
JRE

Docket No. 08550-0898
8 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 3 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this regard, the Board noted that an entry level separation is
uncharacterized, that is neither honorable, nor under honorable
conditions, nor under other than honorable conditions, nor
dishonorable. As you were separated from the naval service within
your first 180 days of service, and there are no unusual circumstances
in your case that warrant a characterized separation as an exception
to policy, there is no basis for granting your request for a
characterized separation. In addition, the Board was not persuaded
that your pes planus condition was incurred in or aggravated by your
twenty-nine days of active service.

In view of the foregoing, 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,

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