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NAVY | BCNR | CY2014 | NR4133 14
Original file (NR4133 14.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: 4133-14
8 July 2015

bear

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.

Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

2 April 2015. The names and votes of the members of the panel
will be furnished upon 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 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

6 February 1984. You served without disciplinary incident. You
were processed for separation and placed on the temporary
disability retired list. Your commanding officer directed an
honorable characterization of service and on 18 December 1990,
you were release from active duty and at that time you were
assigned an RE-3P reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to reenlist. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
narrative reason for separation and reenlistment code.

Effective 19 February 1996, your disability was determined to be
permanent and you were placed on the retired list by reason of
permanent physical disability. Accordingly, your application

thas been denied.

Tt 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the board prior to making its decision in your case. 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,

 

ROBERT J. O’NETLL
Executive Director

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