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NAVY | BCNR | CY2014 | NR2684 14
Original file (NR2684 14.pdf) Auto-classification: Denied
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BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SON
Docket No: 2684-14
23 December 2014

 

pear

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.

Although your application was not filed ina timely. manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

9 December 2014. 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

3 August 1984. On 26 October 1984, you received nonjudicial
punishment (NJP) for disobedience. You received a forfeiture of
pay and restriction. Although your record is incomplete, in that
it does not contain any documents pertaining to your discharge
from the Naval Academy Prep Program (NAPS), based on your
Certificate of Release or Discharge from Active Duty (DD Form
214), you were honorably discharged early while attending NAPS
under an authorized program or circumstance. It appears that
after being afforded all of your procedural rights, you were so
discharged: on 29 March 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to change the reason for your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant changing the reason for your discharge
given the narrative reason shown om your DD Fortin 2i4¢.
Accordingly, your application has been denied.

Tt 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 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.

   

ROBERT J. O'NEILL
Executive Director

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