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NAVY | BCNR | CY1999 | 02325-99
Original file (02325-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V  
BOARD FOR CORRECTION OF NAVAL RECORD 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

TJR 
Docket No:  2325-99 
24 August 1999 

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 10 August  1999.  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 
submitted in support 
your application, together with all 
thereof, your naval record, and 
regulations, 
and policies. 

After  careful and conscientious considera ion of the entire 
record, the Board found the evidence subm'tted was insufficient 
to establish the existence of probable ma erial error or 
injustice. 

i 

n 

The Board found you enlisted in the Navy  n 25 July 1979 at the 
age of 21.  Your record reflects that you served for a year and 
four months without disciplinary incident but on 12 November 1980 
you received nonjudicial punishment  (NJP) for failure to go to 
your appointed place of duty and were awa ded forfeitures 
totalling $100.  Approximately a year lat r, on 18 September 1981 
you receive NJP for insubordination.  The punishment imposed was 
forfeitures totalling $120 and restrictio  and extra duty for 14 
days. 

Your record further reflects that on 8 ~ e d r u a r ~  1983 you were 
convicted by special court-martial  (SPCM) of assault and 
disrespect.  You were sentenced to confinement at hard labor for 
105 days, reduction to paygrade E-1, and forfeitures totalling 
$1,146.  Subsequently, you were processed for sepakation by 
reason of misconduct due to commission of a  serious offense and 

frequent involvement of a discreditable na ure with military and 
civil authorities.  Shortly thereafter an  dministrative 

discharge board recommended you be issued 4 n other than honorable 

discharge by reason of a misconduct.  The discharge authority 
then directed your commanding officer to issue you an other than 
honorable discharge by reason of misconduct.  On 15 July 1983 you 
were so discharged. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity, and your conten ion that you would 
like your discharge upgraded so that you  y obtain veterans1 
benefits.  The Board further considered yo r contention that your 
discharge was too severe for a first offen e for which you should 
have received counselling, the offense occ rred while you were 
under the influence of alcohol and did not result i.n any physical 
harm.  However, the Board concluded these  actors were not 
sufficient to warrant recharacterization o  your discharge given 
the serious nature of your misconduct whic  resulted in two NJPs 
and a court-martial conviction.  Given all the circumstances of 
your case, the Board concluded your discha gel was proper and no 
change is warranted.  Accordingly, your ap lication has been 
denied. 

1 

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

It is regretted that the circumstances of 
favorable action 
Board reconsider 
evidence or other 
In this regard, it is important to keep 
presumption of regularity attaches to 
Consequently, when applying for a 
record, the burden is on the 
existence of probable 

sidered by the Board. 

that a 

records. 
official naval 



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