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NAVY | BCNR | CY2013 | NR2217 13
Original file (NR2217 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

CRS
Docket No: 2217-13
17 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 6 November 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 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 29 May 1984.
On 5 April 1985 you received nonjudicial punishment for an
unauthorized absence of ten days.

On 16 January 1986 a special court-martial convened and found
you guilty of six periods of unauthorized absence totaling 156
days, missing movement, and sentenced you to confinement at hard
labor for 75 days, forfeiture of pay of $426.00 per month for
three months, and a bad conduct discharge (BCD). You were
separated with a BCD on 14 September 1987.

In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board concluded that these
factors were insufficient to warrant recharacterization of your
service, given the serious and repeated nature of your
misconduct, which ultimately resulted in your discharge.

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 cannet 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,
ieee: ore

ROBERT D.
Acting Executive Director

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