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NAVY | BCNR | CY2010 | 04204-10
Original file (04204-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 4204-10
20 January 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 19 January 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
6érrer or injustice.

You entered active duty in the Navy on 20 July 198. You
received nonjudicial punishment and were convicted by a summary
court-martial. Your offenses included failure to obey a lawful
order (three specifications), and two periods of unauthorized
absence (UA) totaling 145 days. On 15 January 1991, you were
convicted at a special court-martial of two periods of UA
totaling 130 days. Your sentence included a bad conduct
discharge (BCD). On 23 May 1991, after appellate review, you
received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
belief that you were wrongly accused. However, the Board
concluded that your BCD should not be changed due to your
periods of UA totaling over four months and other misconduct.
You are advised that no discharge is upgraded due merely to the
passage of time or post service good conduct. In view of the
above, 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,

DEAN PF
Executive Dire

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