DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7765-06
25 January 2008
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 23 January 2008. 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.
You enlisted in the Navy on 22 June 1978 at age 19. During the
period from 7 October 1979 to 2 September 1981, you received
nonjudicial punishment on six occasions and were convicted by a
summary court-martial. Your offenses were three periods of
unauthorized absence totaling about six days, missing your ship's
movement, disobedience, possession of alcohol onboard ship,
possession of marijuana and two instances of sleeping on watch.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct. In connection
with this processing, you elected to waive the right to have your
case heard by an administrative discharge board. After review
the discharge authority directed discharge under other than
honorable conditions and you were so discharged on 20 October
1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, the
documentation you submitted showing post service diagnoses of
alcohol and cocaine dependence, and that you have maintained
sobriety for several years. The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given your extensive disciplinary record. The
Board was aware that alcohol abuse is not an excuse for
misconduct and disciplinary action is appropriate following
alcohol related misconduct. The Board concluded that the
discharge was proper as issued and no change 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,
LD QoasaP 0.
W. DEAN PFEAF
Executive ctor
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