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NAVY | BCNR | CY2007 | 05462-07
Original file (05462-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
3OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100






 SMW
 Docket No: 5462-07
18 January 2008






This is in reference to your application for correction of your naval rec ord pursuant to the provisions of title 10 of the United States Code Title 1552. .
A three -member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 19 March 1987, you acknowledged the Navy~s drug and alcohol abuse policy. On 20 March 1987, you enlisted in the Naval Reserve at age 21. On 26 March 1987, you began a period of active service. On 5 August 1987, you were counseled regarding alcohol abuse and warned that further deficiencies could result in administrative separation. On 5 August 1987 and 7 April 1988, you had nonjudicial punishment (NJP) for failure to go to your appointed place of duty, being incapacitated for the proper performance of your duties, and drunk and disorderly conduct. On 19 May 1988, you were diagnosed as being alcohol dependent and recommended to attend substance abuse treatment. On 30 June 1988 and 17 January 1989, you had NJP for drunk and disorderly conduct and being incapacitated for the proper performance of your duties. On 18 January 1989, a substance abuse evaluation found that you were dependent on alcohol and recommended treatment at a Veterans Administration hospital before discharge.

On 1 February 1989, your commanding officer initiated administrative separation by reason of alcohol abuse
 rehabilitation failure and misconduct due to a pattern of misconduct. In connection with this processing you acknowledged that separation could result in an other than honorable (0TH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 10 February 1989, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 17 February 1989, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for a better discharge. The Board also considered the letters of reference. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterizatjon of your discharge due to the seriousness of your misconduct. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, 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 Dir ector

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