DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3358-11
13 January 2012
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 12 January 2012. 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 Naval Reserve on 6 April 1973 at age 18 and
began a period of active duty. About five months later, on 15
September 1973, you began a period of unauthorized absence (UA)
that was not terminated until you were apprehended and held in
custody by civil authorities on a charge of assault with a deadly
weapon. On 24 October 1973 you were convicted by civil
_ authorities of assault and possession of a firearm. You were
sentenced to bail of $250, a $200 fine, confinement for 90 days,
and probation for two years.
On 1 November 1973 you began another period of UA totalling that
was not terminated until 10 March 1977. Eight days later, on 18
March 1977, you were again in a UA status until 9 March 1978.
The record does not reflect the disciplinary action taken for the
two foregoing periods of UA totalling 1,579 days.
On 8 July 1985 you were convicted by general court-martial (GCM)
of two periods of UA totalling 2,917 days. You were sentenced to
confinement at hard labor for nine months, forfeiture of all pay
and allowances, reduction to paygrade E-1, and a bad conduct
discharge (BCD). Subsequently, the BCD was approved at all
levels of review and on 20 April 1987 you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertion of being mentally
unstable and incapable of making trusted decisions.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your frequent, repetitive, and lengthy periods of UA and
misconduct in both the military and civilian communities.
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.
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,
\ pas .
W. Rees
Executive u e xr
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