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NAVY | BCNR | CY2012 | 11758 12
Original file (11758 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

a CRS .
u . Docket No: 11758-12
11 April 2014

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 17 October 2013. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceeding 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 on 9 Tamuary 1980.

On 17 July 1980 you received nonjudicial punishment for

unspecified offenses.

On 25 January 1985 a special court-martial convened, found you
guilty of two periods of unauthorized absence totaling 81 days,
and sentenced you to confinement at hard labor for three months,
reduction in pay grade, forfeitures of $250.00 per month for
three months, and a bad conduct discharge (BCD). You were
separated with a BCD on 17 September 1985 after appellate
review. .
In its review of your application the Board carefully weighed
ali potentially mitigating factors, such as your youth, overall
record of service, and the unsubstantiated contention that your
discharge had been previously upgraded. The Board concluded
that these factors were insufficient to warrant
recharacterization of your service, given the serious nature of
your misconduct, which ultimately resulted in your discharge.
Regarding your contention, there is no evidence in your record
to support it, and you have provided no such evidence.
Accordingly, your application has been denied. The names and
votes of the members of the-panel will be furnished.

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have

the Boar. 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,
(Pe St

ROBERT D. 4SALMAN
Acting Executive Director

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