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NAVY | BCNR | CY2004 | 00996-04
Original file (00996-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 996-04
29 July 2004






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 21 July 2004. 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 that the evidence submitted was insufficient error or injustice.
The Board found that you enlisted in the Navy on 27 November 1981 at age 17. During the period from 14 January to 17 November 1983 you received three nonjudicial punishments (NJPs) for fighting, two instances of assault, preventing the apprehension of a suspect, and drunk and disorderly conduct. On 18 November 1983 a medical officer determined that you were not alcohol dependent and recommended Level I local alcohol treatment, or the Naval Alcohol and Safety Awareness Program.
On 12 July 1984 you received a fourth NJP for fighting with watch-standers and drunk and disorderly conduct. You were awarded a reduction to paygrade E-1, and 30 days of correctional custody. On 26 February 1985 you received a fifth NJP for drunk and disorderly conduct. You were awarded a reduction to paygrade E-1, forfeitures of pay, confinement on bread and water for three days, and an oral reprimand.
On 27 February 1985 you were notified of administrative separation processing by reason of misconduct due to a pattern of misconduct. You then waived all of your procedural rights except the right to obtain copies of documents forwarded to the separation authority supporting the basis for the proposed separation. On 28 February 1985 the commanding officer recommended an other than honorable discharge by reason of a pattern of misconduct. On 14 March 1985 the separation authority directed an other than honorable discharge by reason of misconduct, and on 27 March 1985 you received an other than honorable discharge.


In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and the length of time that has passed since you were discharged from the Navy. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your record of misconduct that resulted in four NJPs. 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.

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