DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 09002-13
3 October 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 1 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 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
March 1990. During your enlistment, you received a nonjudicial
punishment (NJP) for a six day period of unauthorized absence.
You were also convicted by a special court-martial of a 462 day
period of UA and sentenced to a $900 forfeiture of pay,
restriction for 45 days, and a bad conduct discharge (BCD).
After appellate review, you were so discharged on 14 February
1995. . ,
The Board, in its review of your application, considered all
potentially mitigating factors presented in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your lengthy UA period. 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 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
jregularity 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'NEILL
Executive Director
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