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NAVY | BCNR | CY2010 | 05786-10
Original file (05786-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 05786-10
23 March 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 March 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 the evidence submitted was insufficient

to establish the existence of probable material error or
injustice.

You enlisted in the Navy and began a period of active duty on

27 November 1991. On 29 November 1991, you disclosed during the
moment of truth (MOT) the fact that you had prior service civil
charges with a pending charge of trespassing that you failed to
disclose on your in-processing paperwork. Based on the still
pending civil charge, and the fact that you failed to disclose
your previous civil involvement prior to enlisting in the Navy,
you were processed for separation by reason of erroneous
enlistment. After you were advised of your rights, you elected
to receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 19 December 1991, you were discharged with an
uncharacterized entry level separation by reason of an erroneous

enlistment. At that time, you were assigned a reentry code of
RE-4.

In its review of your application, the Board considered all
mitigating factors, such as your youth. Nevertheless, the Board
found these factors were insufficient to warrant changing your
reentry code due to your erroneous enlistment. The Board noted
that applicable regulations authorize an uncharacterized
discharge for individuals who fail to complete recruit training.
The Board thus concluded that there is no error or injustice in
your reentry code which was correctly assigned under your
circumstances. 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,

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