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NAVY | BCNR | CY2013 | NR5286 13
Original file (NR5286 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TIR
Docket No: 5286-13
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

Co establish the existence of probable material error or
injustice, , : o

You enlisted in the Navy and began a period of active duty on 30
September 1977. About five months later, on 17 February 1978,
you received nonjudicial punishment (NJP) for two specifications
of wrongful possession of marijuana, failure to obey a lawful
order, and failure to report a drug offense. Shortly thereafter,
on 16 May 1978, you were convicted by summary court-martial (SCM)
of 17 periods of failure to’ go to ‘your appointed place of duty,
three periods of absence from your appointed place of duty, three
specifications of disobedience, failure to obey a lawful order,
and a 61 day period of unauthorized absence (UA).

Your record reflects that during the. period from 21 June 1978 to
26 January 1981, you were in a UA status on eight occasions for
1,061 days, apprehended by civil and military authorities, and
declared a deserter. The record does. net, -however, reflect the
disciplinary action taken for this misconduct. :
During the period from 18 August 1981 to 29 October 1986, you
were again in a UA status. As a result, on 22 January 1987, you
were convicted by general court-martial (GCM) of three periods of
UA totalling 1,881 days. You were sentenced to confinement at
hard labor for seven months, forfeiture of all pay and
allowances, and a dishonorable discharge (DD). The DD was

subsequently approved at all levels of review, and on 28 October
1987, 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 assertions of being
forced to enlist by your parents, recruiter misconduct, and
improper background and medical checks prior to enlistment.
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 drug related misconduct. Finally, there is no evidence
in the record, and you submitted none, to support your
assertions. 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,
SRS

ROBERT D. ZSALMAN
Acting Executive Director

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