DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
CRS
Docket No: 8567-02
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 28 August 1978.
The record reflects that you received six nonjudicial
punishments. The offenses included wrongful urination on two
occasions, damaging government property, failing inspection,
absence from your appointed place of duty on three occasions,
failure to obey a lawful order on three occasions, an
unauthorized absence of a day, breaking restriction, and
possession of drug paraphernalia and a possible controlled
substance.
*
On 28 March 1979 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct. When
informed of this recommendation, you elected to waive the right
to submit a statement in response to the discharge action. After
review by the discharge authority, the recommendation for
separation was approved and on 30 March 1979 you received a
general discharge by reason 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 military authorities.
In this regard, the Board noted that you were the subject of six
disciplinary actions within a period of less than a year.
Further, there is no evidence in your record that alcohol abuse
was a factor in your misconduct, and you have submitted no such
evidence. Additionally, even if alcohol abuse contributed to
your offenses, such 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.
Executive D
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