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NAVY | BCNR | CY2013 | NR5167 13
Original file (NR5167 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S$. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 5167-13
29 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 29 April 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 began a period of active duty on 14
August 1990. You were convicted by a special court-martial
(SPCM) of three periods of unauthorized absence totaling 33 days
and the wrongful use of marijuana. The sentence at your SPCM
included a bad conduct discharge (BCD). On 10 February 1993,
you received the BCD after appellate review.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, mental
health issues, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your acts of misconduct. You are advised that no
discharge is upgraded due merely 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 rejularity 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. 4SALMAN
Acting Executive Director

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