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NAVY | BCNR | CY2012 | 04048-12
Original file (04048-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

REC
Docket No: 04048-12
27 February 2013

 

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 21 February 2013. 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
22 September 1991. You served honorably for over 20 years.
However, on 31 May 1993, you were in an unauthorized absence
(UA) status for one day. Your chain of command decided not to
conduct any disciplinary action against you, but it was
documented in your record. On 31 October 2011, you were
eligible for retirement and transferred to the Fleet Reserve.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your conduct and
overall record of honorable service, and allegation that
counting a one day period as a UA is unjust. Nevertheless, the
Board found that these factors were not sufficient to warrant
removal of the lost time from your official records as it did
occur. The Board noted that you provided no evidence to support
your allegation. 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.

Sincerely,

Ly Ben,

W. DEAN PF R

Executive Director

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