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
NAVY | BCNR | CY2008 | 05252-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR5286 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2014. 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 Co establish the...
NAVY | BCNR | CY2014 | NR4296 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2015. 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...
NAVY | BCNR | CY2014 | NR4296 14_Redacted
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 22 April 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 07736-07
A three-member panel off the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. Your record also reflects a five hour period of absence from your appointed place of duty and 12 periods of unauthorized absence (UA) totalling 49 days during the period from 14 June 1979 to 10 April 1981. ying for a correction of an official naval n the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR3140-13
Naval Records, sitting in executive session, considered your application on 19 February 2014. On 14 July 1978 the discharge authority approved this recommendation and directed a general discharge by reason of unsuitability, and on 21 July 1978, you were so separated. -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.
NAVY | BCNR | CY2003 | 07986-03
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 Marine Corps on 22 April 1977 at age 18. You were sentenced to confinement at...
NAVY | BCNR | CY2013 | NR8410 13
Documentary material considered by the Board consisted of your application, together with ail material submitted in Support thereof, your naval record, and: applicable statutes, regulations, and policies. Shortly thereafter, on 25 September 1991, you began another period of UA that was not terminated until 28 January 1992, During the latter period of UA totalling 125 days, you were declared a deserter. Consequently, when applying - for a correction of an official -naval record, the burden...
NAVY | BCNR | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2010. 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2014 | NR067 14
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 19 November 2014 The names and votes of tne 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 wit! Consequently, when...