DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 04155-10
31 January 2011
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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. You requested further consideration of your
request for upgrade of your discharge, and correction of the date
of your enlistment in the Navy.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 21
January 2011. 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 2 April 1983 to 2 October
1985, when you were discharged by reason of misconduct with a general
discharge.
In the absence of evidence which demonstrates that you enlisted in
the Navy on 2 April 1982, as you contend, rather than on 2 April
1983, as is shown in your official military personnel file, the Board
was unable to grant your request for correction of your date of
enlistment. The Board did not reconsider your request for upgrade
of your discharge because you did not submit any new material evidence
or other matter in that regard. 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 impoftant to keep in mind that a presumption of
regularity attachessto 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,
; LD Wonk
W. DEAN P ER
Executive Director
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