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NAVY | BCNR | CY2007 | 02480-07
Original file (02480-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
         WASHINGTON DC 2O37O~5’IOO




                                            
TRG
                                            
Docket No: 2480-07
                                                                                 11 December 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 4 December 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 enlisted in the Naval Reserve on 2 February 1982 at age 18 and reported for active duty that same day. On 4 November 1983, you were diagnosed as being alcohol dependent. However, you refused to take antabuse. At that time, you acknowledged that you would be held responsible for any actions related to alcohol.

A special court-martial convened on 2 February 1984 and convicted you of a short period of unauthorized absence, two instances of resisting apprehension, breach of the peace, assaulting a master at arms, two instances of drunk and disorderly conduct and possession of marijuana. The court sentenced you, as mitigated to one month confinement at hard labor, forfeiture of $379 pay, reduction to paygrade E-1, and a bad conduct discharge. The bad conduct discharge was issued on 5 February 1985.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for benefits. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct. The Board was aware that alcohol abuse is not an excuse for misconduct and disciplinary action is appropriate following alcohol related misconduct. Further, it is clear that you were not cooperating with treatment for your diagnosed alcohol dependency and were on notice that you would be considered to be responsible for your actions. 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,



W.       DEAN PFEIFFER
Executive Director

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