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NAVY | BCNR | CY2010 | 11949-10
Original file (11949-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 11949-10
7 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 30 March 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 Reserve on 7 August
1990. A special court-martial convened on 17 September 1992 and
found you guilty of an unauthorized absence of 293 days duration
and missing ship’s movement. The court sentenced you to
confinement for 25 days, forfeiture of $522.00 per month for one
month, and reduction in pay grade.

On 28 October 1992 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. After review by the discharge
authority, the recommendation for separation was approved and on
22 November 1992 you were separated with a discharge under other
than honorable conditions.

The Board carefully considered your unsubstantiated contention to
the effect that a judge found you innocent of all charges, but
found it insufficient to warrant any corrective action in your
case. Accordingly, and as you have not demonstrated that your
discharge is erroneous or unjust, 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

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 LAIJUSELCE..

Sincerely,

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