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NAVY | BCNR | CY2010 | 09064-10
Original file (09064-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

 

WASHINGTON DC 20370-5100 REC
Docket No: 09064-10
6 May 2011

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 4 May 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 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

1 April 1977. On 2 November 1977, you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA) status
for one day. On 13 September 1978, you received NUP for three
incidents of being absent from your appointed place of duty, and
UA for two days. On 19 September 1978, you were notified that
administrative discharge procedures were initiated and that you
would receive a general discharge and a reenlistment code of RE-4
upon your separation. The discharge authority directed a general
discharge. You were so discharged on 29 September 1978.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service given your record of two NJP’s for
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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 is on the applicant to demonstrate the
existence of probable material error or injustice.

7

Sincerely,

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