DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
' Docket No: 2586-13
4 February 2014
f
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 February 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 5
April 1979. You served for about five months without
disciplinary incident. However, during the period from 4
September 1979 to 24 October 1982, you were in an unauthorized
absence (UA) status and were declared a deserter. As a result,
on 26 November 1982, you were convicted by special court-martial
(SPCM) of a 1,146 day period of UA. You were sentenced to
confinement at hard labor for five months, reduction to paygrade
E-1, a $2,100 forfeiture of pay, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review, and on 9 January 1987 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 that your
State of mind was not taken into consideration in regard to your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy period of UA.
Finally, 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 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,
“Vee SO -—,
ROBERT D.~ZSALMAN
Acting Executive Director
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