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NAVY | BCNR | CY2013 | NR3752-13
Original file (NR3752-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

BUG -
Docket No:. 3752-13
6 March 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 5 March 2014. 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.

“You enlisted in the Navy and entered a period of active duty on

31 July 1975. You were convicted by civil authorities of

‘attempted armed robbery and assault. |Your commanding officer
then recommended you for administrative separation with an other

than honorable characterization of service discharge due to
misconduct. You waived your procedural right to an |
administrative discharge board (ADB) in exchange for a general
characterization of service. on 6 August 1976, you received a
general characterization of service discharge due to misconduct.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,

allegation that you were not guilty of the offenses, and current

‘desire to upgrade your discharge. However, the Board concluded

that your discharge should not be changed due to your acts of
misconduct. The Board noted that you waived the right to an
ADB, your best opportunity for retention or a better
characterization of service. Regarding your allegation, the
Board particularly noted that you. pled guilty to the offenses. |
Finally, you are advised that no discharge is upgraded
automatically due solely to the passage of time or post service.
good conduct. in view of the above, 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, ~
ss ROBERT D. ZSALMAN
Acting Executive Director

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