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NAVY | BCNR | CY2013 | NR3148-13
Original file (NR3148-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TIR. mo ;
‘Docket No: 3148-13
19 February 2014°

 

This is in reference to your application for correction. of your

naval record pursuant to the provisions of Title 10, 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 19 February 2014. The names and votes of the
members of the panei will be furnished upon request. 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 9.
September 1997. You served without disciplinary incident ‘until 3
Septeniber 1998,‘ when: you. recéived nonjudicial punishment (NUP)
for a 65 day period of unauthorized absence (UA) and missing the
movement of your ship.’ -The punishment. imposéd was restriction -
and extra duty oe 45 ‘days ‘and a $923" forfeiture as pay.

Subsequent ly, you were’ processed’ for": ‘an administrative separation
by reason of misconduct. After waiving your: ‘procedural right. to
consult with. legal counsel and to presént your case to an —
administrative discharge board (ADB)’ your. commanding officer ..
recommended - discharge ‘under: other than honorable conditions - by.
reason of misconduct. The discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of: misconduct, and on:
28 October 1988, “you Were’ 80. discharged. - ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
an NUP. Further, you were given an opportunity to defend

‘yourself, but waived your procedural-right to present your case

to an ADB. Accordingly, your application has been denied.

aah.

"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,
<<
ROBERT D. ZSALMAN _
Acting Executive Director

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