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NAVY | BCNR | CY2010 | 08099-10
Original file (08099-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 8099-10
14 April 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 12 April 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.

You entered active duty in the Navy on 25 June 1973. On 23
October 1975, you were convicted by a special court-martial of
a 77 day period of unauthorized absence. You were then
notified that your commanding officer was recommending you for
administrative separation due to unsuitability with a general
characterization of service. Onl December 1975, you received
a general discharge due to unsuitability.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
family problems. However, the Board concluded that your
discharge should not be changed due to your misconduct. The
Board believed that you were fortunate to receive a general
discharge, since individuals who have committed misconduct such

characterization of service. You are advised that no discharge
ig automatically 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 fora correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.

Sincerely,

Lo ease ;
WwW. “DEAN PFET
ic

Executive Dir

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