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NAVY | BCNR | CY2003 | 01323-03
Original file (01323-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  F O R   C O R R E C T I O N   O F   NAVAL  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  

FC 
Docket No:  01323-03 
8 August 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 30 July 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 t h a t   you enlisted in the Navy on 12 August 1981 
at age 22.  On 2 November 1981 you were dropped from basic 
electricity and electronics school because of a negative 
attitude.  During the period from 8 April 1983 through 15 July 
1983, you received two nonjudicial punishments (NJPs) for 
attempting to burglarize a privately owned vehicle and possession 
and consumption of alcoholic beverages onboard ship. 

On 25 April 1985 you were placed of limited duty after three days 
of hospitalization for injuries sustained in a motorcycle 
accident.  On 13 May 1985 you received a letter of indebtedness 
for a total of $1283.49.  On 4 June 1985 you were convicted by 
civil court of driving under the influence of alcohol and were 
sentenced to a fine of $350, $20 in court costs, 60 days in jail, 

and a one-year revocation of your driver's license.  Part of this 
sentence was suspended. 

On 16 June 1895 you were counseled about your misconduct and 
warned that future infractions could result in administrative 
processing for discharge under other than honorable conditions. 
On 20 June 1885 you received a second letter of indebtedness for 
a total of $622.06.  You were again counseled about your 
continued misconduct on 18 July 1985. 

On 22 July 1985 you received a third NJP for a brief period of 
unauthorized absence and were awarded restriction and extra duty. 
On 4 August 1985 you acknowledged the suspension of your driver's 
license.  On 5 September 1985 you were prescribed antabuse and on 
9 September 1985 you commenced drug and alcohol abuse counseling. 
However, on 3 October 1985 you were dropped from this counseling 
due to your non-amenability to treatment.  On 7 October 1985 your 
driving privileges for the naval station were revoked.  On 24 
November 1985 you were convicted in civil court of failure to 
obey a police officer, driving under the influence of alcohol, 
and assuming a false name.  You were sentenced to a $625 fine, 10 
days in jail, and a thirty-day suspension of your driver's 
license.  On 26 November 1985 you were convicted by civil court 
of failure to appear, reckless driving, and driving with a 
revoked driver's license.  You were sentenced to a fine of $160, 
10 days in jail, and a thirty-day suspension of your driver's 
license.  On 13 December 1985 you returned from an eight- day 
period of unauthorized absence (UA).  There is no record of any 
disciplinary action for this UA. 

On 7 January 1986 you were notified of administrative separation 
processing and you waived all of your procedural rights except 
the right to obtain copies of documents forwarded to the 
separation authority supporting the basis of the proposed 
separation.  On 8 January 1986 you were diagnosed as 
psychologically dependent on alcohol and recommended for 
separation because of alcohol rehabilitation failure.  The 
attending medical officer indicated that you would likely 
experience further problems with alcohol, and that you denied 
having an alcohol problem, and intended to continue drinking. 

On 13 January 1986 the commanding officer recommended an other 
than honorable discharge by reason of misconduct due to a pattern 
of misconduct and commission of a serious offense; and by reason 
of alcohol abuse rehabilitation failure.  On 20 January 1986 the 
separation authority directed discharge under other than 
honorable conditions by reason of misconduct due to a pattern of 

misconduct.  On 28 January 1986, you declined treatment at a 
Veterans Administration (VA) facility for alcohol dependence.  On 
that same day, you were discharged under other than honorable 
conditions. 

In its review of your case, the Board carefully weighed all 
potentially mitigating factors such as 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 your 
frequent misconduct that resulted in four NJPs and three civil 
convictions.  Further, the Board noted your refusal of VA 
treatment for drug and alcohol dependence at the time of your 
discharge.  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, 



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