DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11168-07
6 February 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 29 January 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 4 October 1985 at age 21. On
17 December 1986, you received nonjudicial punishment (NJP) for
destruction of government property. On 19 March 1987 you were
convicted by civil authorities of reckless driving under the
influence of alcohol.
On 27 February 1990, you were evaluated by the Counseling and
Assistance Center (CAAC) due to your supervisor’s concern about
your alcohol consumption. The report stated, in part, that you
were a possible alcohol abuser due to two previous alcohol
related incidents. The report further stated that there were
other undocumented situations which were alcohol related as well.
It was recommended that you be separated from the service due to
incurring three alcohol related incidents or, if retained, attend
a Level II treatment program for alcohol.
On 22 March 1990, administrative discharge action was initiated
to separate you by reason of alcohol abuse rehabilitation failure
due to your refusal to participate in formal treatment. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
27 March 1990, your commanding officer forwarded his
recommendation that you be honorably discharged due to alcohol
rehabilitation failure. He stated, in part, that you had
expressed your disagreement with the rehabilitation treatment
program, denied you had a problem, and had refused to participate
in Level II, which rendered you unsuitable for continued service.
On 4 April 1990 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, overall record of service, and contention that you
never were directed to attend or be a part of an alcohol
rehabilitation program. Nevertheless, the Board concluded these
factors and contention were not sufficient to warrant a change to
the reason you were discharged due to your NJP and your failure
to adhere to your command’s rehabilitation program. With regard
to your contention, the record shows that on 14 March 1990, you
singed an administrative remarks form (NAVPERS 1070/613)
acknowledging the fact that you were directed to attend a
Level II rehabilitation treatment program for alcohol abusers to
remain eligible for naval service. 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 P¥EI
Executive Di
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