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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