DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3808-08
16 January 2009
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 14 January 2009. 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 26 September 1988, you enlisted in the Navy at age 18.
On 3 January 1989, a substance abuse evaluation diagnosed you
as being alcohol dependent and recommended treatment, which you
declined, and because of this you were considered an alcohol
rehabilitation failure. On 23 February 1989, you had
nonjudicial punishment (NJP) for failure to obey a lawful order
by consuming alcohol in the barracks and were counseled
regarding this offense. On 12 December 1989, a medical
evaluation stated that you had an alcohol-related incident
during July 1989, and diagnosed you as being alcohol dependent.
On 30 January 1990, your commanding officer initiated
administrative separation by reason of convenience of the
government due to alcohol rehabilitation failure. In
connection with this processing, you acknowledged the
separation action and that your characterization of service
would be determined as warranted by your service record.
On 9 February 1990, the separation authority approved the
discharge recommendation and directed discharge by reason of
convenience of the government due to alcohol rehabilitation
failure. On 16 February 1990, you declined treatment at a
Veterans Affairs hospital. On 16 February 1990, you were
separated with a general discharge by reason of convenience of
the government due to alcohol rehabilitation failure.
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
recharacterization of your service due to your overall service
record. In this regard, characterization of service for
members who are discharged by reason of convenience of the
government is determined by their conduct, actions, and overall
trait and behavior marks assigned on a periodic basis. Minimum
acceptable average overall trait and behavior marks of 2.8 and
3.0, respectively, were required to form the basis for a fully
honorable characterization of service. Your average overall
trait and behavior marks were 2.86 and 2.8, respectively.
Given your NJP and failure to attain the behavior mark average
required for a fully honorable characterization of service, the
Board found that your service warranted a general
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,
W. DEAN PF
Executive rector
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