DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Of S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
TJR ,
Docket No: 2620-13
19 February 2014
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 19 February 2014. The names and votes of the
members of the panel. will be furnished upon request. Your
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. ae
You enlisted in- the Navy-and_began a period of active duty on 17
_ September 1965... You served for about seven months without.
disciplinary ‘incidént, but on 28-7: ril arid again on 31 August
1966, ‘you received nonjudicial .puriishment. (NIP) for two periods ©
of’ absence’ from your. appointed"place of “duty.° 9
On 12: September 1967 you were ‘convicted by ‘special court-martial
(SPCM): of a 33 day period of ‘unauthorized absence. (UA) and -
. Missing the movement’ of your ship. You were again convicted by —
SPCM on: 8 April 1968 ‘for breaking restriction, absence from your
appointed plate of duty,: and. four periods of UA totalling 159 ..
days.- You were seritenced to confinement at hard labor for five
- months, a $450 forfeiture of pay, and a bad conduct discharge
(BCD). On'11 February 1969 you submitted a written request for
immediate ‘execution of. the BCD, Stating in part, that you did not
_Caré to return’ to active duty because you did not foresee a
future in the Navy. The BCD Was subsequently approved at all
levels of review, and on 7 March 1969 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, service in Vietnam, and
_ post service conduct. It also considered your assertion that the
death of your brother and serving in Vietnam contributed
significantly to your misconduct. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness |
_ of your repetitive misconduct which resulted in two NUJPs,. two
SPCMs, and your request for immediate execution of the BCD.
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
fo oe” or other matter not previously considered by the Board.
is 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 D. ZSALMAN |
Acting Executive Director
NAVY | BCNR | CY2013 | NR2623-13
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. On 30 December 1969 you: submitted a written request for immediate execution of the BCD, stating in.part,.that you were of no use to the Navy since you. for a correction of an official naval -record, the burden is on the applicant to demonstrate the - existence of probable material error...
NAVY | BCNR | CY2010 | 11000-10
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. On 1 April 1968 you received your third NUP for two periods of absence from your appointed place of duty. 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.
NAVY | BCNR | CY2013 | NR5245 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2014. 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. On 7 June 1971 you were again convicted by SPCM of a 177 day period of UA and were sentenced to confinement at hard labor for two months, a $180...
NAVY | BCNR | CY2002 | 05868-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. 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. Consequently,...
NAVY | BCNR | CY2014 | NR0172 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2014. On 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to your appointed place of duty. 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.
NAVY | BCNR | CY2014 | NR172 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2014. 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. On 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to...
NAVY | BCNR | CY2010 | 00291-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR5272 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2014. 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...
NAVY | BCNR | CY2014 | NR2708 14
Your previous case, docket number 2460-11, was denied on 22 November 2011. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2014. 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.
NAVY | BCNR | CY2002 | 10343-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. On 26 October 1966 you were convicted by SPCM of a 67 day period of UA and were sentenced to confinement at hard labor for six months, a $342...