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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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TAL .
Docket No: 4097-13
28 March 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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 March 2014. 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
28 June 1976 at age 18. You received nonjudicial punishment
.{NJP) on nine occasions for wrongful possession of marijuana,
six instances of failure to go to your appointed place of duty,
sleeping while on duty, insubordinate conduct toward a
noncommissioned officer, two instances of failure to obey a
lawful regulation, resisting apprehension and being derelict in
the performance of duties. On 19 April 1979, you were convicted:
by special court-martial : ASPCM) of unauthorized absence from
your unit for a period of 1,785 days, using disrespectful
language toward a noncommissioned officer, failure to obey a
_ lawful order and making a threat. The sentence imposed was
confinement, a forfeiture of pay and a bad conduct discharge
{BCD). On 11 June 1986, you received the BCD after. appellate
review was. ‘complete. ’
. #of the“panel will be furnished upon request”
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. - Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in nine :NJPs, an SPCM and a period of UA totaling over
four years and 10 months. Finally, there is not provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. Accordingly, your
application has been denied. The names and votes of the members
. 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,
a
ROBERT D. ZSALMAN
Acting Executive Director
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