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Decision Text

NAVY | BCNR | CY2014 | NR3458 14
Original file (NR3458 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

 

  

  
    
   

 

Limitations and consider your apol ne oe:
three-member panel of the Board for Nav Re
Sitting in On, Cconss tio

 

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25 March 2015. The names and votes o:? members of the

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21 January

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@rug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct, on 17 October 1986, you were so discharged

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 and assertion of suffering
with a traumatic brain injury (TBI) which existed prior to
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct. Further you were given
an opportunity to defend your actions, but waived your procedural
rights. Regarding your assertion of suffering from TBI, there is
no evidence in the record and you provided none to support your
assertion. 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 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.

Sincerely,

ROBERT J. O'NEILL
Executive Director

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