“DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
TUR
Docket No: 7898-13
12 September 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 26 August 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
che 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 Navy and began a period of active duty on i
August 1972. You served without disciplinary infraction until 16
September 1972, when you began a period of unauthorized absence
(UA) that was not terminated until you were apprehended by civil
authorities on 27 November 1972. On 2 December 1972 you began
another period of UA that was not terminated until 7 June 1973
when you were again apprehended by civil authorities. During
these two periods of UA totalling 262 days you were also declared
a deserter. Nonetheless, the record does not reflect the
punishment imposed, if any, for these periods of UA.
During the period from 20 August 1973 to 1 January 1981 you were
again UA on two more occasions and declared a deserter. As a
-result, on 17 July 1981, you were convicted by generai court-
Martial (GCM) of two periods of UA totalling 2,783 days. You
were sentenced to confinement at hard labor for six months,
forfeiture of all pay and allowances, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review and on 6 August 1981 you were 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 repeated and lengthy periods
of UA which resulted in a GCM and your BCD. Finally, 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.
3
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.
Since ely yy
ROBERT J. O'NETLL
Executive Director
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