D E P A R T M E N T OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 3 8 1 2 - 0 1
8 April 2 0 0 2
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 3 April 2002. 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 to establish the existence of probable material
error or injustice.
The record reflects that you received two nonjudicial
The Board found that you enlisted in the Navy on 3 August 1 9 8 1 at
age 2 2 .
punishments. The offenses included unauthorized absences
totalling three days. Subsequently, on 23 September 1 9 8 3 you
were convicted by civil authorities of indecent exposure. The
court sentenced you to three years probation. On 2 7 October 1 9 8 3
you received a third nonjudicial punishment for smoking in the
paint locker. On 2 January 1384 you were again convicted by
civil authorities of driving while intoxicated. The court
sentenced you to a fine and confinement. Subsequently, you
received two more nonjudicial punishments. The offenses included
an unauthorized absence of a day, missing movement, absence from
your appointed place of duty, and abandonment of watch.
On 2 1 March 1 9 8 4 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. When informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. On 2 4 May 1 9 8 4 you
entered alcohol rehabilitation where you also received another
recommendation for separation based on your failure to complete
the program. After review by the discharge authority, the
commanding officer's recommendation for separation was approved
and you were discharged on 1 G July 1984 with an other than
honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that alcohol abuse caused your misconduct.
However, the Board concluded that these factors were sufficient
to warrant recharacterization of your discharge, given your
record of frequent involvement with civil and military
authorities. In this regard, the Board noted that you were the
subject of five disciplinary actions and two civil convictions
within a period of less than three years. Further, alcohol abuse
does not excuse misconduct, and it does not appear that your
disciplinary actions were caused by such abuse. In fact, you
stated at the time of separation processing that factors other
than alcohol abuse caused your misconduct.
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 app1,ying 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,
W. DEAN PFEIFFER
Executive Director
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