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NAVY | BCNR | CY2013 | NR7866 13
Original file (NR7866 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

 

CRS
Docket No: 7866-13
3 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 26 November 2013. 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.

The Board found that you enlisted in the Navy on 18 October
1985. On 30 January 1987 a special court-martial convened and
found you guilty of an unauthorized absence of 43 days, missing
movement, and sentenced you to confinement at hard labor for 60
days, forfeiture of $438.00 per month for two months, reduction
in rate, and a bad conduct. discharge (Bepy. You were separated
with a BCD ‘on 16 September (1988. +

In view of the seriousness of your misconduct your discharge was
neither erroneous nor unjust. The Board carefully considered
your contention to the effect that your discharge should be
changed due to the provisions of Under Secretary of Defense
Memoraridum of 20 ‘September 2011, but found those matters

a
insufficient to warrant any corrective action in your case.
Further, the Memorandum of 20 September 2011 specifically states
that it only applies to individuals discharged for
homosexuality, not misconduct, for which you were discharged.
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 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,
Oat Ei

ROBERT D. ZSALMAN
Acting Executive Director

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