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NAVY | BCNR | CY2013 | NR4550 13
Original file (NR4550 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TJIR
Docket No: 4550-13
29 April 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 15 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, Pe oo * “oo

You reenlisted in the-Navy on 18 August 1976 after two years of
prior satisfactory service. You continued to serve for nearly
two years without disciplinary incident, but on 30 June 1978, you

received nonjudicial punishment -(NUP) for a 68 day period of
unauthorized absence (UA). - WHE.

On 10 July 1978 you were referred’ for a psychiatric evaluation.
The report-.stated, in part, that you were. exhibiting moderate
distress, extremely hysterical;: labile affect, and were
irritable. You were diagnosed with an explosive and antisocial
personality and recommended for an administrative separation.

During the period from 5 September 1978 to 14 January 1981 you
were in a UA status. declared a deserter, apprehended by civil
authorities on charges of attempted robbery, and placed on legal
hold pending disciplinary action: In this-regard, on 12 March
1981, you were convicted by special court-martial (SPCM) of two
periods of UA totalling 642 days. You were sentenced to
confinement at hard labor for 60 days, a $660 forfeiture of pay,
reduction to paygrade E-1, and a bad conduct discharge (BCD).

The BCD was subsequently approved at all levels of review, and on
19 April 1982, 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 assertion that you were
to receive a medical discharge due to your mental condition.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA and misconduct in both the military and civilian
communities. Further, there is no evidence in the record, and
you submitted none, to Support your assertion. 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. ZSALMAN
Acting Executive Director

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