DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 1501-00
4 April 2001
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 29 March 2001. 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 Board found that on 18 March 1999, you were notified of your commanding officer’s
intention to initiate administrative separation proceedings against you based on your a pattern
of misconduct, as reflected by multiple violations of the UCMJ, for which you received
nonjudicial punishment on 4 December 1997, 7 January 1999 and 18 March 1999. On 24
March 1999, after being advised of your rights in connection with the discharge process, you
waived your right to consult with counsel and to appear before an administrative discharge
board. You were discharged by reason of misconduct on 5 April 1999, with a discharge
under honorable conditions.
The Board noted that a discharge by reason of misconduct takes precedence over and, absent
extraordinary circumstances, precludes disability evaluation processing. In addition, it noted
that you were previously evaluated by the PEB and found fit for duty, and that you were
found physically qualified for separation on 1 April 1999, when you underwent your
pre-
separation physical examination.
The Board rejected your contentions to the effect that you resumed drinking alcoholic
beverages because you were erroneously directed to stop taking your antidepressant
medication, and that your command decided to “get rid of” you for misconduct because they
were precluded from separating you for alcohol rehabilitation failure. In this regard, it noted
that you had a limited period of successful recovery following your completion of an in-
patient rehabilitation program, and that you gradually relapsed into alcohol abuse beginning
several years before you were discharged from the Navy. According to a health record entry
dated 11 December 1998, you had a relapse in November 1998 in reaction to notification of
your mother ’s hospitalization. The physician who evaluated on 11 December 1998
recommended that you be started on a command monitored
for administrative separation due to your return to abusive drinking. As you complained of
side-effects you thought were related to your medications, he decreased the dosage of one
medication and advised you to discontinue it entirely in one week, and directed an
incremental decrease in the dosage of a second medication. On 27 January 1999, the
Director, Consolidated Substance Abuse Counseling Center, formally advised your
commanding officer that the aforementioned recommendation for your discharge.
that your commander rejected that recommendation, and initiated misconduct separation
proceedings instead, because you committed violations of UCMJ Articles 86, 92 and 134 on
16 February 1999, and received nonjudicial punishment for those offenses on 18 March
1999.
Antabuse program, and processed
It appears
As you have not demonstrated that your discharge for misconduct was erroneous or unjust,
and that you were unfit by reason of physical disability, the Board was unable to recommend
any corrective action in your case. 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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