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NAVY | BCNR | CY2013 | NR6629 13
Original file (NR6629 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

 

BuJG
Docket No: 6629-13
16 July 2014

 

 

This is in reference to your application for correction of your
naval record pursuant ta 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 15 July 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. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 28 October
2004, a copy of which is attached.

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 Reserve on 28 January 1989. On 1
October, you were authorized to be in a non-drill status for six
months to complete school. on 16 April 1992, you were nominated
for an involuntary period of annual training due to
unsatisfactory drill participation after accruing six unexcused
absences. You were then advised that your command was
processing you for administrative separation with an other than
honorable (OTH) characterization of service due to
unsatisfactory participation. You waived your procedural right
to have your case heard by an administrative discharge board
(ADB). On 6 February 1993, you received the OTH
characterization of service due to unsatisfactory participation,
and were not recommended for reenlistment.

In its review of your application, the Board carefully
considered all potentially mitigating factors, such as your
youth, counsel’s allegation that you were misled into believing
that you would receive a general characterization of service,
post service good conduct, and current desire to upgrade your
#aiecharge. The, Board concluded, however, that your discharge
shou. Gi NGe be- changed due to your unsatisfactory participation.
="Board waS unable to find any evidence in your record to
support your allegation. The Board noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. 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,

© Ste | Raa

ROBERT D. 4SALMAN
Acting Executive Director

Enclosure

Copy to:

   

By Esq.

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