DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL. RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7906-07
4 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 September 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. ;
You enlisted in the Navy on 28 July 1989 at age 18. You served
without disciplinary incident until 5 September 1990, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order and being incapacitated for duty due to drunkenness.
The punishment imposed was a $150 forfeiture of pay, restriction
for 15 days, and reduction to paygrade E-2, which was suspended
for six months.
On 28 May 1991 you were convicted by civil authorities of driving
under the influence. About four months later, on 12 September
1991, you received NUP for disobedience and were awarded’
restriction and extra duty for 30 days and a reduction to
paygrade E-3, which was suspended for six months.
On 13 September 1991 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense, a pattern of misconduct, and alcohol
rehabilitation failure. After consulting with legal counsel, you
elected to waive your right to present your case to an
administrative discharge board (ADB). On 7 October 1991 your
commanding officer recommended an other than honorable discharge
by reason of misconduct due to commission of a serious offense, a
pattern of misconduct, and alcohol rehabilitation failure. The
discharge authority approved this recommendation and directed an
other than honorable discharge, and on 25 October 1991 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that you were not
legally represented or properly advised regarding your NUJPs and
administrative separation. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct in both the military and civilian communities.
Further, you were given an opportunity to defend yourself against
your separation, but waived your right to present your case to an
ADB. Finally, there is documented evidence in the record that is
contrary to your assertion. 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 PFEIBRFE
Executive Diréc
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