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NAVY | BCNR | CY2013 | NR8205 13
Original file (NR8205 13.pdf) Auto-classification: Denied
BOARD.FOR.CORRECTION-OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BUG
Docket No: 8205-13
15 September 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 10 September 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 Marine Corps and began a period of active
duty on 31 October 1995. You were convicted by a special court-
martial (SPCM) of a 26 day period of unauthorized absence and
escaping from lawful custody. The sentence at your SPCM included
a bad conduct discharge (BCD). On 23 December 1997, after
appellate review, you received the BCD.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, post
service good conduct, and current desire to upgrade your
discharge. However, the Board concluded that your BCD should

not be changed due to your acts of misconduct. You are advised

that no discharge is upgraded due solely 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 presumptiion of regularity attaches to all officiai 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’‘NEILLL
Executive Director

a to:

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