DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 870-14/
8958-04
26 February 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 February 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:‘Navy; began a period of active duty on 29
October 1980, and served until 8 July 1981, the beginning of a
lengthy period of unauthorized absence (UA) that was not
terminated until 28 October 1987.. As a result of this period of
UA, you were declared a deserter. About two months later, on 23
December 1987, you’ were convicted by general court-martial (GCM)
of desertion due to the foregoing period of UA totalling 2,302
days. You were sentenced to confinement for three months, a $600
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 23'March 1988, 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 thdt 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.
Sincexely,
ROBERT J. O'NEILL
Executive Director
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