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NAVY | BCNR | CY2009 | 08425-09
Original file (08425-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS

Docket No: 8425-09
24 August 2009

 

 

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 12 August 2009. 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.

The Board found that you enlisted in the Navy on 28 September
2001. On 30 August 2002 you were convicted by a summary court-
martial of an unauthorized absence of 67 days. On 25 September
2002 your commanding officer recommended that you be separated
from the Navy with a discharge under other than honorable
conditions by reason of misconduct due to the commission of a
serious offense, i.e., the 67 day period of unauthorized absence.
After being informed of the recommendation for separation, you
waived the right to present your case to an administrative ©
discharge board. The recommendation for separation was approved
by the discharge authority and on 30 September 2002 you were
separated with a discharge under other than honorable conditions
and assigned a reentry code of RE-4.

 

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 ali 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,

   

 

 

Executive Di

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