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NAVY | BCNR | CY2013 | NR8506 13
Original file (NR8506 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

CRS
Docket No: 8506-13
5 May 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. section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 February 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.

The Board found that you enlisted in the Navy on 24 February
2004. On 11 September 2012 you received nonjudicial punishment
for two periods of unauthorized absence. The punishment
consisted of a forfeiture of $1181.00 and reduction in pay
grade, which was suspended. On 24 July 2013 you received a
discharge under other than honorable conditions by reason of
misconduct due to the commission of a serious offense.

The Board found no merit in your request to'remove the
nonjudicial punishment of 11 September 2012 which you contend
was imposed even though your unauthorized absences were
approved. It concluded that your commanding officer acted
reasonably in your case, that he was in the best position to
resolve the factual issues and to impose appropriate punishment.
There is no credible evidence that you did not commit the
charged offenses. Accordingly, your application has been

denied. The names and votes of the members of the panel will be
furnished upon request.

The Board did not consider whether your characterization of
service should be changed, since you have not exhausted your
administrative remedies by applying to the Naval Discharge
Review Board (NDRB) >” You may do so by submitting the attached
DD Form 293 to the NDRB.

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 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,

ROBERT D. ~“ZSALMAN
Acting Executive Director

Enclosure

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