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NAVY | BCNR | CY2012 | 00326 12
Original file (00326 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JRE
Docket No. 326-12
1 November 2012

 

 

This is in reference to your epplication for cerrection 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 25 October 2012. 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 injuastice.

You served on active duty in the Navy from 7 November 1995 to
22 September 1997, when you were discharged under other than
honorable conditions pursuant to your request for discharge for
the good of the service in lieu of trial by court-martial for
offenses that would have authorized the imposition of a bad
conduct discharge.

There is no indication in the available records that you were
unfit for duty by reason physical disability on 22 September
1997, or that you suffered from an undiagnosed mental disorder
that excused or significantly extenuated or mitigated the
offense which resulted in your discharge. In the absence of
such evidence, the Board was unable to recommend favorable
action on your request. 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. Inthis 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 eriieial

naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

/acting ees Director

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