DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5807-08
26 February 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
25 February 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 2 March 1981, you enlisted in the Navy at age 18. On
24 September 1981, you had nonjudicial punishment (NUP) for a three
day period of unauthorized absence (UA). On 18 June 1982, you had a
motorcycle accident and were found to have a blood alcohol content of
-21. On 21 July 1983, a substance abuse evaluation stated that you
disclosed very little information and concluded that you abused
alcohol. On 1 August 1983, you had NJP for being intoxicated while
on duty. You were also 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.
During the period 22 August to 27 October 1983, you were disenrolled
from several substance abuse programs, had suspended punishment
vacated from the NJP dated 1 August 1983, and had two urinalyses that
tested positive for marijuana. On 31 October 1983, you were
counseled regarding your alcohol abuse, advised to seek substance
abuse assistance, and warned that further infractions could result in
disciplinary action or an OTH discharge. On 4 November 1983, you
were convicted by a summary court-martial of two instances of UA
totaling three days, two instances of disobedience of a lawful order,
and violation of a lawful order. On 5 November 1983, a drug report
stated that you had no potential for further service due to your lack
of effort.
On 5 November 1983, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct and
drug abuse. In connection with this processing, you acknowledged
that separation could result in an OTH discharge and elected to have
your case heard by an administrative discharge board (ADB).
On 8 November 1983, an ADB convened and found that you were guilty of
misconduct due to a pattern of misconduct and drug abuse, and
recommended an OTH discharge. On 8 December 1983, the separation
authority approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to a pattern of misconduct. On
15 December 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contentions that personal problems and
alcohol abuse contributed to your misconduct. 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 received substance abuse
assistance and were warned that further infractions could result in
an OTH discharge. Regarding your contentions, neither personal
problems nor alcohol abuse excuses misconduct. The Board also noted
that your case was heard by an ADB, which was 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,
sade
Executive Di r
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