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NAVY | BCNR | CY2010 | 12785-10
Original file (12785-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE

Docket No. 12785-10
25 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 24 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 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 15 November 2000 to 1 May
2001, when you were discharged by reason of physical disability. You
received an uncharacterized entry level separation because you were
in an entry level status at that time, i.e., you had not completed
180 days of service. A Sailor in an entry level status may receive
an honorable discharge only where it is clearly warranted by the
presence of usual circumstances involving personal conduct, and then
only upon the approval, on a case-by-case basis, by the Secretary
of the Navy. As you have not demonstrated that such circumstances
were present in your case, the Board was unable to recommend favorable
action on your request. 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. .

3
Sincerely,

bs
lo Naas

W. DEAN PF

Executive Direttor

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