DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7011'S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR a
Docket No: 2645-13
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
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. . .
r
You enlisted in. the Navy and began a period of active “auty on 28
August 1978. You served without disciplinary incident until 13
November i979 when you. received nonjudicial punishment (NUP) for.
waougeus possession ead use of marijuana.
During the period fron 16 May 1980.to 2 June: 1982: you. were in an
unauthorized absence (UA) status for 739 days and declared a
deserter. However, this period of UA was dismissed with
prejudice to the government due to noncompliance. with the statute
of limitations. Nonetheless, you were notified of administrative
separation by reason of misconduct due to an extended period of
UA+- After consulting with: legal. counsel, you elected to present -
your case to an administrative discharge board. (ADB). On 7 July
1982 an-ADB recommended separation under honorable conditions by
reason of misconduct. On ‘21 July 1982 your commanding officer.
statéd in part, that you ‘should have been convicted by court-
martial and awarded a bad conduct discharge for the extended
period. of UA, ‘but because of the failure to file a charge sheet
in a timely manner which resulted in the expiration of the
statute of limitations, recommended discharge under other than
honorable conditions by reason of misconduct. The discharge
‘ authority approved these recommendations for separation and
directed discharge under other than honorable conditions by
reason of misconduct, and on 15 September 1982 you were so
sepanabed .
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
ability to serve was impaired by your marital and family -
problems. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your lengthy period of UA and drug abuse.
Finally, there is no evidence in the record, and you provided
none, to support your assertion. Accordingly, your application
has been denied.
The Board also noted that the characterization of service on your
Certificate of Release or Discharge from Active Duty (DD Form
214) is incorrect in that it reads “General” under other than
honorable. With that being said, the Board concluded that you
were properly processed and discharged under other than honorable
conditions and that the word “General” is in error.
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,
eS, come
ROBERT D. ZSALMAN :
Acting Executive Director
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