DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 00735-03
23 June 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 19 June 2003.
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.
Your allegations of error and
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.
when you received nonjudicial
(NJP) for being absent from formation and being a
On 27 April 1982 you reenlisted in the Navy after more than 10
years of active and reserve service.
You then served without
incident until 28 September 1984,
punishment
nuisance in a classroom by passing paperwork to students
containing written vulgarity and obscenity.
forfeitures of pay and restriction.
convicted by civil court of driving under the influence
sentenced to a fine and 180 days in jail, of which 178 days were
suspended.
four-
day period of unauthorized absence and were awarded a reduction
to
On 28 May 1986 you received a second NJP for a
paygrade E-3.
You were awarded
On 25 October 1985 you were
(DUI) and
On 30 June 1986 you were notified of administrative separation
processing and waived all of your procedural rights.
January 1987, the commanding officer recommended administrative
On 15
separation by reason of misconduct due to minor disciplinary
infractions.
However, on 29 August 1986 the separation authority
disapproved this recommendation and advised the command that you
could be reprocessed for separation for misconduct due to
commission of a serious offense because of the DUI conviction.
On 23 December 1986 the commanding officer
On 27 October 1986, you were notified again of administrative
separation processing and elected to present your case to an
administrative discharge board (ADB).
unanimously recommended that you be separated with a general
discharge.
recommended separation by reason of misconduct due to commission
of a serious offense.
authority directed that you be separated with a general
discharge, but also directed that you be afforded the opportunity
for in-patient alcohol treatment at a Veterans Administration
(VA) hospital.
On 26 March 1987, you were separated with a
general discharge.
On 21 January 1987 the separation
Subsequently, an ADB
the Board carefully weighed all
In its review of your case,
potentially mitigating factors such as your previous periods of
good service,
and the length of time that has passed since you
were discharged from the Navy.
However, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the civil conviction for DUI and your
two
The
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
NJPs.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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