DEPARTMENT OF THE NAVY
BOARG FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7736-07
20 August 2008
This is in reference tlo your application for correction of your
naval record pursuant |to the provisions of Title 10, United
States Code, Section 1/552.
A three-member panel off the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary naferial considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval retord, and applicable statutes, regulations,
and policies.
After careful and cons¢ientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existeé¢nce of probable material error or
injustice.
You enlisted in the Naval Reserve on 2 February 1978 at age 18
and served without disdiplinary incident until 13 July 1978, when
you received nonjudicial punishment (NUP) for failure to obey a
lawful order. The punijshment imposed was restriction and extra
duty for 45 days and a |$396 forfeiture of pay.
Your record also reflects a five hour period of absence from your
appointed place of duty and 12 periods of unauthorized absence
(UA) totalling 49 days during the period from 14 June 1979 to 10
April 1981. However, the record does not reflect the
disciplinary action taken, if any, for these periods of absence.
Nevertheless, on 15 May| 1981, you were convicted by special
court-martial (SPCM) of| three periods of UA totalling 687 days.
You were sentenced to confinement for six months, a $660
forfeiture of pay, and B bad conduct discharge (BCD).
During the period from 7 July 1981 to 22 February 1985 you were
again in a UA status dn two occasions for 1,315 days and declared
a deserter on both ocdasions. However, the record does not
reflect that any disciplinary action was taken for these
absences. Nonetheless,| after the BCD was approved at all levels
of review, on 28 February 1986 you were so discharged.
ew of your entire record and application,
potentially mitigating factors, such as
your youth and assertijons that you requested help, but did not
receive any, for your \diagnosed mental health issues, you
informed your superions of your suffering from depression and an
acute panic disorder but were not taken seriously, and that your
The Board, in its revi
carefully weighed all
periods of UA were tos
Nevertheless, the Boar
sufficient to warrant E
because of the serious
of UA, which resulted
evidence in the record
assertions. According
fe
1
The names and votes of
upon request.
It is regretted that th
favorable action cannot
Board reconsider its de
evidence or other matt
In this regard, it is
presumption of regular
Consequently, when app
record, the burden is
D
eek help for your mental health problems.
concluded these factors were not
echaracterization of your discharge
ess of your repetitive and lengthy periods
n a court-martial conviction. There is no
and you submitted none, to support your
y, your application has been denied.
the members of the panel will be furnished
e circumstances of your case are such that
be taken. You are entitled to have the
cision upon submission of new and material
xr not previously considered by the Board.
mportant to keep in mind that a
ty attaches to all official records.
ying for a correction of an official naval
n the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive D
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