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NAVY | BCNR | CY2006 | 10257-06
Original file (10257-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             TRG
Docket No: 10257—06
31 October 2007


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 October 2007. 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 reenlisted in the Navy on 6 September 1996 after more than 16 years of active service from prior enlistments. During the last half of 1997 and the first part of 1998, you were convicted by civil authorities of your third through fifth incident of driving under the influence (DUI) of alcohol. After the fourth conviction, you were processed for an administrative discharge. An administrative discharge board (ADB) met on 24 February 1998 and found that you had committed misconduct due to commission of a serious offense and conviction by civil authorities. The ABD recommended discharge under other than honorable conditions. In his letter recommending discharge, your commanding officer stated that you were in jail awaiting trial for two separate offenses of DUI. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 18 April 1998.





In its review of your application the Board carefully weighed all potentially mitigating factors, such as your many years of prior active service, the documentation you submitted showing good post service conduct, and your contention, in effect, that it was improper to discharge you when you were so close to qualifying for retirement. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple instances of DUI and your failure to respond to treatment for your alcohol abuse problem. Your last DD Form 214 indicates that you had about 18 years of total service. However, it appears that your periods of lost time, while you were held by civil authorities has not been deducted. The Board concluded that the discharge is 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.
The Board noted that you are eligible for veterans’ benefits based on your prior honorable service. Therefore, if you have been denied benefits, you should appeal that denial under procedures established by the Department of Veterans Affairs.
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,


                                                               W. DEAN PFEIFFER
                           Executive Director

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