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NAVY | BCNR | CY2014 | NR0791 14
Original file (NR0791 14.pdf) Auto-classification: Denied
“DEPARTMENT OF THE NAVY
BUARU FUR CORRECIION UF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480

 

. EGA
Docket No: 0791-14

29 January 2015

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 January 2015. 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 2
June 1986. You served for a year and a month without
disciplinary incident, but during the period from 4 August 1587
to 2 September 1988, you received nonjudicial punishment (NUP)
on four occasions for several periods of unauthorized absence,
failure to obey a lawful order, wrongful use of marijuana,
absence from your appointed place of duty, drunk and disorderly
conduct, insubordination, and being incapacitated for
performance of your duties. Subsequently, you were approved for
an administrative separation due to a pattern of misconduct.
The authorized characterization of service was other than
honorable.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, post service medical
assessment, liberal consideration of your post-traumatic stress
disorder claim, and the statements you submitted in support of
your request. Nevertheless, the Board concluded these factors
were not sufficient to warrant relier in your case, given your
pattern of misconduct while serving on active duty.
Accordingly, your application has been denied.

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 within one year from the date of the Board's decision.
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 J. O'NEILL
Executive Director

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