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NAVY | BCNR | CY2013 | NR5008 13
Original file (NR5008 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TJR
Docket No: 5008-13
30 April 2014

 

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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.

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 17
August 1978. You served without incident until 11 January 1979,

when you received nonjudicial punishment (NJP) for a 35 day
period of unauthorized absence (UA) .

labor for four months, an $800 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 13 June
1983, you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
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. Further, no discharge is automatically upgraded due
solely to an individual’s good post service conduct or the
passage of time. 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,
1 SD . Co

ROBERT D. Z2SALMAN
Acting Executive Director

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