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NAVY | BCNR | CY2010 | 05672-10
Original file (05672-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 5672-10
10 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 16 February 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.

The Board found that you enlisted in the Navy on 11 January 1989.
On 27 September 1990 you received nonjudicial punishment for an
unauthorized absence of 71 days. On 25 October 1990 your
commanding officer recommended that you be separated from the
Navy by reason of misconduct/commission of a serious offense,
with a discharge under other than honorable conditions. After
being informed of the recommendation, you waived the right to
present your case to an administrative discharge board. The
recommendation was approved by the separation authority, and you
were discharged on 16 November 1990 with a discharge under other
than honorable conditions.

In its review of your application, the Board carefully considered
your contention to the effect that mental problems contributed to
your act of misconduct, but found it unsubstantiated and
insufficient to warrant the approval of your request for
corrective action. 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 : on the applicant to demonstrate the
existence of probab material error or injustice.

4

. Sincerely,

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