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
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 | CY2006 | 06405-06
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.On 7 July 1978 you enlisted in the Navy at age 18, and on 31 October 1978 you received nonjudicial...
NAVY | BCNR | CY2002 | 10960-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2003. On 17 August 1981 you received a fourth NJP for two periods of UA totalling four days and were awarded restriction and extra duty for 14 days and a $80 forfeiture of pay. Consequently, when applying for a correction of an official naval record, the burden is existence of probable on the applicant to demonstrate the material error or injustice.
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 | CY2005 | 00514-05
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 Naval Reserve on 6 March 1980 at age 20 and served without disciplinary incident...
NAVY | BCNR | CY2011 | 11283-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 2011. 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. 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 | NR3535-13
- 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,. 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 tpid that your discharge would be upgraded six months after your separation. Consequently, when applying for a...
NAVY | BCNR | CY2013 | NR6920 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 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. It appears that you requested discharge for the good of the service to avoid trial by court-martial for the latter period of UA totalling 78 days.
NAVY | BCNR | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2008. 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2001 | 04465-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The record does not indicate if any disciplinary action was taken for this period of UA. good post service conduct, and your However, the Board concluded these...