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NAVY | BCNR | CY2007 | 09351-07
Original file (09351-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
S M W
 Docket No: 9351-07
5 June 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 4 June 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 20 April 1987, you enlisted in the Navy at age 22. On 10 October 1989, you were convicted in civil court of driving under the influence of alcohol. Your sentence included a fine, drivers license restriction for 12 months, and 365 days in jail, which was suspended for five years. On 26 February 1990, you completed residential substance abuse treatment and were counseled regarding deficiencies in your performance and conduct and warned that further infractions, subsequent alcohol related incidents or failure to comply with aftercare would be grounds for administrative separation. On 2 May 1990, you were counseled regarding alcohol abuse and warned that further infractions may result in disciplinary action or an other than honorable (0TH) discharge. On 28 December 1990, you had nonjudicial punishment (NJP) for being intoxicated while on duty.
 On 28 January 1991, your commanding officer initiated administrative separation by reason of misconduct due to Commission of a serious offense, civil conviction 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 0TH discharge and elected to have your case heard by an administrative discharge board (ADB). On 6 March 1991, an ADB convened and found that you were guilty of misconduct due to commission of a serious offense, civil conviction, and alcohol rehabilitation failure, and recommended a general discharge. On 14 March 1991, you had NJP for a brief period of unauthorized absence, two instances of disobedience of a lawful order, and being intoxicated while at the unit. The separation authority subsequently approved the separation recommendation and directed a general discharge by reason of misconduct due to commission of a serious offense. On 26 March 1991, 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 an honorable discharge. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzation of your service due to the seriousness of your misconduct. 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
V
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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