DEPARTMENT OF THE NAVY. |
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR ,
Docket No: 2623-13
19 February 2014
a
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.
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 “auty on 10
May 1967. You served without disciplinary incident until 16
August 1968 when you received nonjudicial punishment (NIP) for a
_ two day period. (Of unauthorized. ‘absence (UA) .
on 14October . 1969 you were convicted. “yy ‘special court-martial
(SPCM) of two periods of UA totalling. 63 days and absence from
your appointed - place of duty. You. wére sentenced to. confinement
at hard labor‘ for .three months, -a $327: forfeiture. of pay,
“reduction to: ‘paygrade H+1, and a‘bad- conduct discharge (BCD). 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. could not work with a clear conscience because
of your strong feeling. against war and the entire military pian.
The BCD was subsequently - approved at all levels or Rev iewy and’ on
25 March 1970 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” service in Vietnam. It
also considered your assertion of experiencing stress,
_ depression, and anxiety and going UA to deal with for these
feelings since you believed that there was: no medical help
available at the time of your discharge. 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 an NUP, SPCM, and
your request for immediate execution of the BCD. Further, there
“is no evidence in the record, and you submitted none to support
your assertion.* Contrary to your assertion, medical and mental
health assistance was available to all Sailors who sought it.
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, o
ADD. (a
ROBERT D. ZSALMAN
Acting Executive Director
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