DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9551-09
16 July 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 13 July 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.
You enlisted in the Navy on 27 September 1986 under the Delayed
Entry Program (DEP) approximately one year prior to reporting for
active duty. In this regard, your period in the DEP is inactive
service and is “not” a period of time you actually served in the
Navy. Nonetheless, on 9 September 1987, you began a period of
active duty and served without disciplinary incident.
Your record contains medical documentation which reflects that on
30 November 1988 you were diagnosed with back problems,
specifically, Neurogenic bladder, Cauda Euina Syndrome, which is
secondary to herniated L4-5 discs, and an adjustment disorder
with anxiety. It further reflects that you refused treatment and
were subsequently recommended for an administrative separation.
As a result, you were notified of an administrative separation by
reason of convenience of the government due to a diagnosed
physical disability. At that time you did not object to the
separation and waived your procedural Yights. Shortly
thereafter, your commanding officer recommended an honorable
discharge. The discharge authority approved the recommendation
and directed your commanding officer to issue you an honorable
discharge by reason of physical disability with severance pay,
and on 20 March 1989, you were so discharged and assigned an R
reenlistment code.
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The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your overall satisfactory service and desire to have your
inactive DEP time included as time served in the Navy.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief because you had not entered recruit
training and were not performing on active duty as an enlisted
Sailor in accordance with Navy regulations during your DEP
period. In other words, DEP is considered as a period used for
deciding the possibility of service in the armed forces.
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,
\
W. DEAN
Executive
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