DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 5247-13
21 May 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 14 May 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. a
You enlisted in the Navy ‘and began a period of active duty on 19
September 1962. You served for about eight months without
disciplinary incident, but ‘on’ 2’ May and again on 3 October 1963,
you received nonjudicial punishment (NJP) for failure to obey a
lawful order and an eight aay period of unauthorized absence
(UA). a
On 14 January 1964 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 36 days. Shortly
thereafter, on 19 June 1964, you were again convicted by SPCM of
an 111 day period of UA and. were sentenced to confinement at hard
labor for three months, a $165 forfeiture of pay, and a bad
conduct discharge (BCD). The BCD was subsequently approved at
ali levels of review, and on 10 November 1964, you were so
discharged. oo
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 explanation for your
periods of UA. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct and
lengthy periods of UA. 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,
© td S
ROBERT D. ZSALMAN
Acting Executive Director
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