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NAVY | BCNR | CY2012 | 01609 12
Original file (01609 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 1609-12
7 December 2012

 

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 28 November 2012. 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

20 October 1989 at age 27. Numerous entries were annotated in
your Recruit Personnel Data Record documenting your
unsatisfactory performance and conduct. You were the subject of

mental health evaluations that stated in part that you were
unable to complete training requirements and were rated as poor
or unsatisfactory in all training areas. You had a problem
getting along with others. You hit another recruit in the chest
for stepping on the back of your shoe while marching in
formation. You were diagnosed with an adjustment disorder
manifested by your inability to adjust to military life. You
were counseled regarding your lack of reasonable effort and
warned that further deficiencies in your performance could
result in administrative separation. You were notified of the
recommendation that you would be discharged with an
uncharacterized entry level separation due to performance and
conduct. Subsequently, your commanding officer directed an
entry level separation and you were assigned an RE-4
reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reenlistment code given your unsatisfactory performance and non-
recommendation for retention which was sufficient to support

the assignment of an RE-4. The Board found that you were
correctly issued an uncharacterized entry level separation as
you had not completed a minimum of 180 days of continuous active
duty. 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,
W. DEAN PF

Executive Director

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