DEPARTMENT OF THE NAVY
	BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
	SMW
Docket No: 7960-06
	26	January 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 January 2007. 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.

The Board found you enlisted in the Navy Reserve on 6 May 1976 at age 18. During the period from 24 May to 15 October 1976 you served on active duty while attending recruit training and an “A” service school. On three occasions during the period from 15 October 1976 to 2 December 1977 you were advised of your obligation to drill and that failure to do so would result in involuntary recall to extended active duty.

On 2 March 1978 you began a two-year period of active duty. On 30 October 1978 you received nonjudicial punishment (NJP) for failure to obey a lawful order and assault. During the period from 1 March to 24 August 1979 you were in an unauthorized absence (UA) status on three occasions totaling about 168 days, but it appears that no disciplinary action was taken for these UA’ s.

On 28 September 1979 you began a UA that ended on 11 August 1982, a period of about 1,048 days. On 11 August 1982 you began another UA that ended on 21 October 1982, a period of about 71 days. On 4 November 1982 you were convicted by special court-martial (SPCM) of these two UA’s that totaled 1,119 days. The court sentenced you to confinement at hard labor, forfeitures of pay, reduction in rank, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 15 August 1983 you were so discharged.

The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth. The Board also considered your contentions that you were not aware of the various options open to you and that you had improper representation. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the lengthy UA’s that totaled more than 42 months. Regarding your contentions, the record shows that the Uniform Code of Military Justice (UCMJ) and types of discharges were explained to you before you received any disciplinary action or went UA, and you apparently received proper representation since the SPCM conviction was approved at all levels of review. Accordingly, your application has been denied.

The names and votes of the members of the panel will be furnished upon request.

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.

Sincerely,

ROBERT D. ZSALMAN
Acting Executive Director

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