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NAVY | BCNR | CY2013 | NR4784 13
Original file (NR4784 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TIR
Docket No: 4784-13
29 April 2014

 

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 15 April 2014. 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, requlations, 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 Reserve and began a period of active
duty on 2 June 1989. You served for nearly a year without
‘disciplinary incident, but on 27 April and again on 13 June 1990,
you received nonjudicial punishment (NJP) for destroying a
telephone, drunk and disorderly conduct, larceny, breaking
restriction, and a one day period of unauthorized absence (UA).
On 10 September 1990 you were convicted by special court-martial
(SPCM) of two specifications of disobedience, 63 specifications
of absence from your appointed place of duty, and two
specifications of assault. You were sentenced to confinement for
three months, a $1,425 forfeiture. of pay, and a bad conduct
discharge (BCD). The BCD was subsequently approved at all levels
of review, and on 6 February 1992, you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board conciuded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which

resulted in two NJPs and an SPCM. Accordingly, your application
has been denied.

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,

TV ete SD, ne
ROBERT D. ALMAN

Acting Executive Director

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