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NAVY | BCNR | CY2013 | NR2322 13
Original file (NR2322 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7OT S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

CRS
Docket No: 2322-13
6 May 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 14 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 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. _ &e

A special court-martial (SPCM)- convened''on ‘11 January 1995 and
found you guilty of disrespect: to a commissioned officer.
Specifically you threatened ‘to kill’ her.

On 24 April 1995 the Navy Personnel Command recommended to the
Assistant Secretary of the Navy for Manpower and Reserve Affairs
(ASN) that. you be processed -for a personality disorder, -
homosexual conduct, and misconduct. -on 28 April 1995 the ASN
approved the recommendation and directed that you be separated
with a discharge under other than honorable conditions by reason
of misconduct due to your conviction by SPCM. You were so
discharged on 18 May 1995.

There is nothing in your record to support your contention that
you did not know why you were discharged. To the contrary your
record shows you were fully informed as to why you were being
discharged and waived your right to appear before an
administrative discharge board. Accordingly, you 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,
tak SS, GL

ROBERT D. ZSALMAN
Acting Executive Director.

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