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Decision Text

NAVY | BCNR | CY2013 | NR7034 13
Original file (NR7034 13.pdf) Auto-classification: Denied
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ie BOARD FOR GURRLCHUN OF RAVAL REGORGS

    
  
 

704 §. COURTHOUSE ROAD, SUITE 1007
ARLINGTON, VA 22204-2490

BUG
Docket No.

763
14 October 2014

Dear Sa?

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.

It is noted that you have not applied to the Naval Discharge
Review Board (NDRB) for a possible upgrade of your
characterization of service and a change of your narracive
reason for separation. 1 have enciosed a copy of NDRE‘ s
application form for your CONVENLENCE.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considerecd your |
application on 14 October 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 applicabie statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from the Office of the Judge advocate General
dated 4 April 2014, & COpy of which is attached. Finally, the
Board considered your counsel's letters dated 21 February 2012
with enclosure, and 6 August 2014.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
snsufficient to establish the existence of probable material
error or injustice. In this comnection, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, 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 enLitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 J. O’'NETLL
Fuecutive Director

Enclosures

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