Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07864-07
Original file (07864-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 7864-07

15 May 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 14 May 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.

action or an other than honorable (OTH) discharge. On

9 November 1987, you had nonjudicial punishment (NUP) for
assault consummated by battery. On 18 December 1987, a
substance abuse evaluation found that you abused alcohol.
During the period 31 December 1988 to 19 December 1989, you had
three NJP's for underage drinking, an unspecified period of
unauthorized absence (UA), disrespect, failure to obey a lawful
order, two instances of drunkenness, disobedience of a lawful
order, and misbehavior of a sentinel. Based on the information
currently contained in the record, it appears that you were
diagnosed with depression and alcoholism.
On 27 February 1990, your commanding officer initiated
administrative separation by reason of misconduct due to a
pattern of misconduct, commission of a serious offense and by
reason of convenience of the government due to alcohol
rehabilitation failure. In connection with this processing,
you acknowledged that separation could result in an OTH
discharge and waived the right to have your case heard by an
administrative discharge board (ADB). On 16 March 1990, the
separation authority approved the separation recommendation and
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. Based on the information
currently contained in the record, it appears that you were
given an opportunity to receive substance abuse treatment at a
Department of Veterans Affairs hospital. On 23 April 1990, you
were separated with an OTH discharge by reason of misconduct
due to commission of a serious offense.

The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
alcohol abuse, and social security benefits. The Board also
considered your contention that personal problems may have
attributed to your abuse of alcohol and subsequent discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct that continued even after
you were counseled and warned that further infractions could
result in an OTH discharge. Regarding your contentions,
personal problems and alcohol abuse do not excuse 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
Sincerely,

ae
rath ~_— ge
ROBERT D: SALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2008 | 01737-80

    Original file (01737-80.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued...

  • NAVY | BCNR | CY2007 | 09351-07

    Original file (09351-07.rtf) Auto-classification: Denied

    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 20 April 1987, you enlisted in the Navy at age 22. On 28 December 1990, you had nonjudicial...

  • NAVY | BCNR | CY2007 | 05741-07

    Original file (05741-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2008. On 15 January 1990, you began a UA that ended on 3 February 1990, a period of about 19 days. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your performance and...

  • NAVY | BCNR | CY2014 | NR4958 14

    Original file (NR4958 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2015. 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. You were so discharged on 31 August 1990.

  • NAVY | BCNR | CY2008 | 08387-08

    Original file (08387-08.pdf) Auto-classification: Denied

    On 21 December 1990, your commanding officer initiated administrative separation by reason of misconduct due to civil conviction, commission of a serious offense, and drug abuse. In connection with this processing, you acknowledged the separation action and that it could result in an other than honorable (OTH) discharge, waived the right to have your case heard by an administrative discharge board (ADB), and submitted a statement in which you stated in essence that withdrawal symptoms from...

  • NAVY | BCNR | CY2008 | 02222-08

    Original file (02222-08.pdf) Auto-classification: Denied

    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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...

  • NAVY | BCNR | CY2013 | NR4039 13

    Original file (NR4039 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. You were so discharged on 23 May 1988. 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.

  • NAVY | BCNR | CY2010 | 13619-10

    Original file (13619-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 2011. 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. On 20 April 1990, the medical department found that you were dependent on alcohol and recommended you receive inpatient Level III...

  • NAVY | BCNR | CY2009 | 07928-09

    Original file (07928-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Ss sitting in executive session, considered your on on 11 May 2010. On 12 September 1990, the ADB met and unanimously found that you committed a serious offense, failed alcohol rehabilitation, and recommended that you be separated with a general discharge. 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.

  • NAVY | BCNR | CY2008 | 05807-08

    Original file (05807-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...