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NAVY | BCNR | CY2013 | NR7406 13
Original file (NR7406 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

 

SIN
Docket No: 7406-13.
14 August 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 12 August 2014, The names and votes of the
members of the panel 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

6 July 1988. The Board found that on 20 June 1990, you received
nonjudicial punishment (NJP) for two days of unauthorized
absence (UA). You received restriction, extra duty, a forfeiture
of pay and a suspended reduction in paygrade. On 6 October 1990,
you began a period of UA that lasted 437 days, ending with your
‘apprehension by civil authorities on 17 December 1991. On 19
January 1992, you were convicted by special court-martial (SPCM}
of.437 days of UA. You were sentenced to a reduction in
paygrade, a forfeiture of pay, confinement, and a bad conduct
discharge (BCD). You received the BCD on 1 April 1993 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP, and conviction by SPCM of a period of UA that lasted
over 14 months, ending with your apprehension. Accordingly, your
pppiicatzon has béen denied,

"rt 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,

| Sate | Senet nS
ROBERT D ALMAN

Executive Director

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