DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2222-08
6 November 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
5 November 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.
On 13 October 1988, you enlisted in the Navy at age 20 and served
without incident until 23 March 1990, when you had nonjudicial
punishment (NUP) for two instances of unauthorized absence (UA)
totaling about eight days, wrongful appropriation of $50.00, and two
instances of making false official statements. On 5 April 1990, you
were diagnosed as being alcohol dependent and recommended to receive
treatment. On 27 July 1990, you had NUP for a 24 day period of UA.
On 17 August 1990, 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 17 August 1990, you had NUP for three instances of
failure to go to your appointed place of duty. On 19 September 1990,
you were convicted by a summary court-martial for a 17 day period of
UA.
On 2 November 1990, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct 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 5 November 1990, you were charged by
civilian authorities with possession of a stolen vehicle.
On 7 December 1990, your commanding officer further stated that you
were pending charges in civilian court and although you had been
scheduled to attend substance abuse treatment several times, you
never attended due to your repeated UA's. On 2 January 1991, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a pattern of
misconduct. On 4 February 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 a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
continued even 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.
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.
Sincerely,
LreoX
W. DEAN PF
Executive Da
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