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
NAVY | BCNR | CY2010 | 02686-10
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 ifijuetice. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2010 | 11700-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 September 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2007 | 07743-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval re ord, and applicable statutes, regulations, and policies. At Ithat time you waived your right to consult with legal counsel an to present your case to an administrative discharge board (ADB)| On 15 April...
NAVY | BCNR | CY2008 | 03537-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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...
NAVY | BCNR | CY2009 | 07353-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2013 | NR4546 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2014. About seven months later, on 7 December 1990, you began a period of unauthorized absence: {UA) that was not terminated until 18 November 1991 when you were apprehended and held in confinement by civil authorities on charges of strong armed robbery. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 10742-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. However, the record does not reflect the disciplinary action taken, if any, for this period of UA. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010.
NAVY | BCNR | CY2014 | NR2911 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 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. New evidence is evidence not previously considered by the Board prior to making its decision in your case.
NAVY | BCNR | CY2013 | NR7912 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 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. On 6 July 1972 you were convicted by special court-martial (SPCM) ' of a 570 day period of UA and sentenced to confinement at hard labor for four...
NAVY | BCNR | CY2008 | 10363-08
the Board for Correction of Naval... .. Records; sitting in executive -session,, considered your Sy application on 29° September 2009. 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. I know and feel it will be better to me and to the Navy if I were discharged.