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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