DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
761 &. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 1837-14
11 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,.
sitting in executive session, considered your application on 3
‘March 2015. 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
to establish the existence of probable material error or
injustice.
You enlisted in the Naval Reserve, began a period of active duty
on 29 December 1988, and served without disciplinary incident
until 27 April 1989, when you received nonjudicial punishment
(NJP) for a two day period of unauthorized absence (UA). On 6
and 7 September 1989, you received NJP for a 21 day period of UA,
four periods of absence from your appointed place of duty,
failure to go to your appointed place of duty, two specifications
of failure to obey a lawful order, and missing the movement of.
your ship.
On 23 March 1990 you were convicted by special court-martial
(SCPM) of two periods of UA totalling 73 days, missing the
movement of your ship, and wrongful possession of marijuana. You
were sentenced to confinement for.120 days, a $825 forfeiture of
pay, and a bad conduct discharge (BCD). Subsequently, the BCD .
was approved at all-:levels of review, and on 6 September 1991,
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 and change the date of your discharge,
change the record to reflect no lost time, and change your
narrative reason for discharge. It also considered your
assertions of being told that you were not a citizen of the
United States, being in breach of contract with the Navy if not a
citizen of the United States, and having to go UA to prevent
being killed or killing someone. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your lengthy period of UA
which resulted in desertion and a BCD. Further, the Board
determined that your assertions were not enough to outweigh the
significant misconduct you committed while serving on active
duty. 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
within one year from the date of the Board’s decision. 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'NEILL
Executive Director .
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