Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 10840-07
Original file (10840-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      RDZ : ecb
                                                                                           Docket No. 10840-07
                                                                                          20 March 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 18 March 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 23 October 1991 at age 18. On 8 March 1993 you were admitted to the Long Beach Naval Hospital for alcohol abuse and treated. You were subsequently issued a written warning that such behavior could result in disciplinary action and administrative separation with another than honorable (0TH) discharge. Unfortunately on 30 April 1993 you received non-judicial punishment (NJP) for being drunk and disorderly and failure to obey a lawful order. You were subsequently admitted to Long Beach Naval Hospital for Level III alcohol rehabilitation. On 12 August 1984 you received your second NJP for being drunk and disorderly. On 6 February 1985 you received a third NJP for two periods of unauthorized absence totaling one hour and ten minutes and being drunk. As a result you were administratively separated with an 0TH discharge.







In its review of your application the Board considered all potentially mitigating factors such as your youth and genuine sorrow for your behavior. Nevertheless the Board concluded that these factors could not overcome your repeated acts of misconduct which occurred even after you issued written warnings and given medical treatment for alcohol abuse.
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 PFEIFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 07493-07

    Original file (07493-07.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 24 March 1984 at age 18. On 3 May 1985 you were arrested for driving...

  • NAVY | BCNR | CY2007 | 05462-07

    Original file (05462-07.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 19 March 1987, you acknowledged the Navy~s drug and alcohol abuse policy. Finally, the Board noted...

  • NAVY | DRB | 1999_Navy | ND99-01042

    Original file (ND99-01042.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).In response to the applicant’s issue 1, the Board found that the applicant had 3 NJPs in addition to being an alcohol rehabilitation failure. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to the issues...

  • NAVY | DRB | 2005_Navy | ND0501292

    Original file (ND0501292.rtf) Auto-classification: Denied

    Relief is not warranted.The Applicant contends that his problems in the Navy can be attributed a diagnosed personality disorder (not otherwise specified) and that the command did not follow medical advice. The Applicant was evaluated by a competent medical authority who stated that the Applicant was “considered totally unfit for further shipboard/overseas duty.” Although the Applicant may have been eligible for administrative separation for a medical condition, applicable regulations...

  • NAVY | DRB | 2001_Navy | ND01-00796

    Original file (ND01-00796.rtf) Auto-classification: Denied

    ND01-00796 Applicant’s Request The application for discharge review, received 010522, requested that the characterization of service on the discharge be changed to honorable. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. A corrected court-martial order is directed that accurately recounts that as to Specification 2 of Charge I, appellant plead not guilty and was found not guilty; the order shall also indicate that the...

  • NAVY | DRB | 2002_Navy | ND02-01195

    Original file (ND02-01195.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:DD Form 149 Letter from Applicant Letter of recommendation from P_ E. B_ Letter of recommendation from H. W. J_ Drug screening certification dated June 18, 2002 Letter of recommendation from W_ L. C_ Letter of recommendation from L_ H_ Letter of recommendation from A_ D. N_ PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | BCNR | CY2011 | 01255-11

    Original file (01255-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval. 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. 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 | CY2007 | 08553-07

    Original file (08553-07.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 th~ existence of probable material error or injustice.On 2 February 1982, you enlisted in the Navy at age 22 and served without incident for more than 32...

  • NAVY | DRB | 1999_Navy | ND99-00159

    Original file (ND99-00159.rtf) Auto-classification: Denied

    930824: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed alcohol rehabilitation failure, misconduct due to serious offense, misconduct due to civil conviction, that the misconduct warranted separation, and recommended separation be suspended for 12 months, discharge general under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was...

  • NAVY | BCNR | CY2007 | 09724-07

    Original file (09724-07.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 27 April 1982 at age 19. Pursuant to the unanimous recommendation of...