DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 09592-0989
18 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 17 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.
You served on active duty in the Navy from 12 November 2008 to 2
January 2009, when you were discharged by reason of fraudulent entry
due to your concealment of a pre-service history of depression and
alcohol abuse.
As there is no indication in the available records that you were unfit
for duty by reason of physical disability due to a condition that
was incurred in or aggravated by your naval service, or that you were
entitled to pay grade E-3 vice E-1, the Board was unable to recommend
any corrective action in your case. 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,
lo!
W. DEAN PF
Executive Di
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