DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6771-13
24 July 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 9 July 2014. 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,
You reenlisted in the Navy on 18 November 1981 after three years
of prior honorable service. On 14 June 1983, you were convicted
by special court-martial (SPCM) of conspiring with another
Sailor to commit wrongful appropriation from the U.S.
Government, four instances of unauthorized absence from your
unit for a period totaling 223 days, two instances of failure to
go to your appointed place of duty and two instances of wrongful
appropriations of U.S. Government funds. The sentence imposed
was confinement, a forfeiture of pay, reduction in paygrade and
a bad conduct discharge (BCD). On 17 February 1984, you
received the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct that resulted in an
SPCM and periods of UA totaling over seven months. Finally,
there is no provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time or an individual’s good behavior after discharge.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitied 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,
TS
‘ROBERT D. ZSALMAN
Acting Executive Director
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