DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 00
CRS
Docket No: 7115-02
15 October 2003
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 10 September 2003. 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 you enlisted in the Navy on 21 February
1984. The record reflects that you received three nonjudicial
punishments. The offenses included urinating on deck, absence
from your appointed place of duty, being incapacitated for duty,
failure to obey a lawful order, and drunk driving. Subsequently,
on 6 January 1986 you were convicted by civil authorities of
drunk driving. The court sentenced you to 48 hours in jail and a
fine of $350.
On 7 January 1986 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense. When informed of the recommendation, you
elected to waive the right to present your case to an
administrative discharge board. After review by the discharge
authority, the recommendation for 'separation was approved and on
27 January 1986 you received an other than honorable discharge by
reason of misconduct due to a pattern of misconduct.
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 not
sufficient to warrant recharacterization of your discharge, given
your record of frequent involvement with civilian and military
authorities. In this regard, the Board noted that you were the
subject of three disciplinary actions and a civil conviction for
six separate offenses within a period of less than two years.
Further, alcohol abuse does not excuse misconduct. Based on the
foregoing, the Board concluded that no change to the discharge is
warranted. 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,
-
NAVY | BCNR | CY2003 | 01323-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2003. However, on 3 October 1985 you were dropped from this counseling due to your non-amenability to treatment. 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.
NAVY | BCNR | CY1999 | 00801-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. Your record reflects that prior to your reenlistment you had four convictions for driving under the influence (DUI) and had completed in-patient (level 111) alcohol rehabilitation treatment in April 1986. The Board notes that the Navy is very reluctant to discharge an individual with more than 19 years of service.
NAVY | BCNR | CY2001 | 03812-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. 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. 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.
NAVY | BCNR | CY2002 | 09872-02
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 review by the discharge authority, the recommendation for separation was approved and you were discharged on 14 February 1986 with an other than honorable discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2006 | 06657-06
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 29 July 1999 at age 19. 2 April 2001 to 20 November 2003, you received...
NAVY | DRB | 1999_Navy | ND99-00008
No indication of appeal in the record.890306: USS Theodore Roosevelt (CVN-71) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, by reason of misconduct due to commission of a serious offense and by reason of misconduct due to a pattern of misconduct.890306: Applicant advised of his rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an...
NAVY | BCNR | CY2002 | 00651-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. After review by the discharge authority, the recommendation for separation was approved and you received a general discharge by reason of misconduct due to drug abuse on 9 January 1989. In its review of your application...
NAVY | BCNR | CY2002 | 02562-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 22 June 1973 the commanding officer recommended that he be The record reflects that on 14 July 1969 he On 4 February 1970 he was evacuated On 21 September 1972 he was The court sentenced him to five years separated with...
NAVY | BCNR | CY2014 | NR6971 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2015. 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. On 15 April and 30 May 1986, you received (NUP) for two specification of failing to obey a lawful order, a period of four days of UA, and...
NAVY | BCNR | CY2002 | 00133-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2002. Documentary material considered by the Board consisted of your application, together with all materizl submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 29 April 1992 the separation action was forwarded to the Chief of Naval Personnel for final action and on 5 June 1992, your discharge was directed...