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
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