DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 04407-10
14 February 2011
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 the
Board's denial of your request for correction of your record to show
that you were retired by reason of physical disability, and you added
a request for an honorable discharge in lieu of the uncharacterized
entry level separation you received on 5 April 1994.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your request for a
characterized discharge on 10 February 2011; however, it did not
reconsider your request for disability retirement because 1t found
that you did not submit any new material evidence in support of that
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice with
regard to your entry level separation. In this regard, the Board
found that as you were discharged within your first 180 days of
service, you were not entitled to a characterized separation. It
noted that in cases where extraordinary circumstances are present,
the Secretary of the Navy may authorize a characterized discharge
for a Sailor in an entry level status, but since you were discharged
for failing to meet the minimum physical standards for enlistment,
and no extraordinary circumstances warranting the award of an
honorable discharge were present in your case, there is no basis for
granting your request for an honorable discharge. 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,
LD es
W. DEAN PHAT
Executive
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