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NAVY | BCNR | CY2014 | NR11072 14
Original file (NR11072 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 11072-14

5 February 2015

 

This is in reference to your latest reconsideration request dated
21 September 2014. You previously petitioned the Board and were
advised in our letter that your application had been denied.

 

Your current request has. been carefully examined by a three-
member panel of the Board for Correction of Naval Records,
sitting in executive session on 4 February 2015. The names and
votes of the members of the panel will be furnished upon request.
Documentary material considered by the Board consisted of your

application and any material submitted in support of your
application.

After careful and conscientious consideration of the entire
record, the Board determined that your assertion of being
referred to as a homosexual, even though not previously
considered by the Board, was insufficient to establish the
existence of material error or injustice. The Board determined
that your allegations were not enough to outweigh the significant
misconduct you committed while serving on active duty. Further,
Board regulations state that personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. in your case, the Board determined that a personal
appearance was not necessary and considered your case based on

the evidence of record. Accordingly, your application has been
denied.

It is regrettable 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
regularity attaches to all official records. Consequently, when
applying for a correction of an official record, the burden is on

the applicant to demonstrate the existence of material error or
injustice.

Sincerely,

ROBERT J. O’NEILL
Executive Director

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