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NAVY | BCNR | CY2013 | NR4055 13
Original file (NR4055 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 04055-13
1 May 2014

 

This is in reference to your application for correction of your

naval record pursuant to the provisions of title 10 of the United
States Code, section L552.

A three-member panel of the Board for Correction of Naval

Records, sitting in executive session, considered your
application on 30 April 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
29 November 1971. The Board found that on 9 August 1972, you
were convicted by special court-martial (SPCM) of 83 days of
unauthorized absence (UA). On 3 September 1974, you received
nonjudicial punishment (NJP) for 32 days of UA. On 7 November

1978, you were convicted by a second SPCM of 1,421 days of UA.
You were sentenced to a reduction in paygrade, confinement at

hard labor, a forfeiture of pay, and a bad conduct discharge

{BCD). You received the BCD on 31 May 1979 after appellate
review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record.of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP and two SPCM convictions of periods of UA totaling over
four years. 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,

ROBERT D. 4SALMAN
Acting Executive Director

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