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NAVY | BCNR | CY2013 | NR2620-13
Original file (NR2620-13.pdf) Auto-classification: Denied
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

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