DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10216-07
10 July 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 9 July 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 18 October 1988, you reenlisted in the Navy at age 24. on
21. August 1991, you had nonjudicial punishment (NUP) for three
instances of unauthorized absence (UA). On 23 August 1991, a
psychiatric evaluation found that you were psychiatrically fit
for duty and responsible for your actions. On 4 November 1991,
you had NUP for a brief instance of UA and failure to obey a
lawful order. On 2 December 1991, you were counseled regarding
deficiencies in your performance and conduct and warned that
further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. On 6 January 1992, you
had NJP for drunk and disorderly conduct. You were given a
urinalysis in 1992, and based on the information currently
contained in the record, it appears that it tested positive for
an illegal drug. on 31 May 1992, you received medical
treatment for acute alcohol intoxication and were diagnosed as
having a passive aggressive personality disorder.
On-19 June 1992, your commanding officer initiated
administrative separation by reason of misconduct due to drug
abuse and commission of a serious offense. 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
25 June 1992, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On
7 August 1992, 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 prior period of honorable service. The Board also
considered your contention that some of your misconduct may have
been attributed to an incident when you disobeyed orders to save
the lives of fellow soldiers. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
continued after you were warned that further infractions could
result in an OTH discharge. The Board also 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. Regarding your contention, the Board noted that you
received a Navy Commendation Medal for your performance of duty
on 15 June 1991, which you received about two months before your
first NUP. Also, there is no evidence in the record to show
that any of your disciplinary actions were due to disobedience
of orders to save the lives of fellow soldiers. 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.
The Board noted that as a result of your prior honorable
service, you may be eligible for veterans' benefits. You
should contact the nearest office of the Department of Veterans
Affairs if you desire clarification about your eligibility for
those benefits.
Sincerely,
\p end
W. DEAN PFET
Executive Dir
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