DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 9702-12
23 October 2012
This 1s 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 16 October 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 Navy Reserve on 12 June 1978 at age 17 and
immediately began a period of active duty. You served without
disciplinary incident for about six months. However, during the
period from 29 January to 4 June 1979, you received nonjudicial
punishment (NUP) on five occasions for four periods of absence
from your appointed place of duty, failure to obey a lawful
order, disobedience, and three specifications of resisting
arrest. You were also in an unauthorized absence (UA) status for
a period of six days for which no disciplinary action was taken.
On 30 June 1979 you broke restriction and began another period of
UA that was not terminated until 13 November 1993 when you were
apprehended. As a result of this 5,250 day period of UA you were
declared a deserter and the charges of desertion and breaking
restriction were subsequently referred to a court-martial. On 23
December 1993 you were convicted by special court-martial (SPCM)
of desertion and breaking restriction. You were sentenced to
confinement for 40 days, a $500 forfeiture of pay, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review and on 15 December 1994 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, explanation for your misconduct, and desire to have
your discharge upgraded. It also considered your assertions of
not being properly trained and suffering physical and emotional
trauma. Nevertheless, the Board concluded that these factors
were not sufficient to warrant relief in your case because of the
seriousness of your repetitive and lengthy periods of UA from the
Navy which resulted in five NJPs and a court-martial conviction.
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,
Se RDS
ROBERT D. ZSALMAN
Acting Executive Director
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