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NAVY | BCNR | CY2013 | NR8410 13
Original file (NR8410 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TUR
Docket No: 8410-13
25 September 2014

 

“naval record pursuant to the provisions of Title 10
States Code, Section 1552. :

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 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 ail
material submitted in Support thereof, your naval record, and:
applicable statutes, regulations, and policies.

record, the Board found the evidence submitted was insufficient

to establish the existence of probable material error or
injustice. L an °

You enlisted in the Navy and began a period of active duty on 3
July 1989. You served without disciplinary infraction until 15
August 1991, when you began a period of unauthorized absence (UA)
that was not terminated until 27 August 1991. During this period
of UA you wrongfully used cocaine. Shortly thereafter, on 25
September 1991, you began another period of UA that was not
terminated until 28 January 1992, During the latter period of UA
totalling 125 days, you were declared a deserter. Subsequently,
“the foregoing charges were referred for trial by court-martial.
AS a result, on 13 March 1992, you were convicted by special
court-martial (SPCM) of desertion for a 125 day period of UA, a
12 day period of. UA, .and wrongful use of cocaine... You were
sentenced to confinement at hard labor for 60 days, a $700
. forfeiture of pay, reduction ,to paygrade E-1, and a bad conduct
discharge. (BCD)... Subsequently, the BCD was approved at all
levels of .review and on 13 September 1993-you were so discharged.

1
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.
it also considered your assertion that your BCD was
recharacterized as “other than honorable” nearly 12 years ago,
and you believe that you deserve a better characterization of
service because you. served your country in both Desert Shield and
Desert Storm. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your oo

_ discharge because gof the seriousness of ‘your lengthy period of UA’
. and conviction by*SPCM: Finally, there is no evidence in the
“ record, and you prévided none, to Support your assertion.

. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,

   

ROBERT J. O'NEILI,
Executive Director

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