DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
-51
WASHINGTON DC 20370-5100 Sgn
Docket No: 06873-08
21 May 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 13 May 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.
You enlisted in the Navy and began a period of active duty on
7 October 1980 at age 17. On 24 September and 18 December 1981,
you received nonjudicial punishment (NJP) for being drunk on
duty, using profane language, and drunk and disorderly conduct.
On 26 December 1981, you were admitted to an alcohol ,
rehabilitation center after an incident which occurred while you
were intoxicated. Consequently, you were evaluated as a habitual
alcohol abuser and placed in a recovery program. On 9 February
1982, you were counseled and warned that any further alcohol
related incidents or misconduct could result in administrative
discharge action. Unfortunately, on 9 September and 2 December
1982, you recaived NUP for being incapacitated for the proper
performance of duty, a brief unauthorized absence, five instances
of disobedience, sleeping on watch, destruction of government
property, and assault.
On 10 December 1982, administrative discharge action was
initiated to separate you by reason of alcohol abuse
rehabilitation failure. Based on the information currently
contained in your record it appears that you waived your richts
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB). On 15 December 1982,
your commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of alcohol abuse
rehabilitation failure. He stated, in part, that you refused to
participate in a supervised antabuse program, and had not
attended Alcoholics Anonymous. On 15 January 1983, the discharge
authority directed a type warranted by service record discharge
due to your alcohol abuse rehabilitation failure. On
19 January 1983 you were so discharged.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.6. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service. The Board also noted that
you were fortunate to receive a general discharge Since a
discharge under other than honorable conditions is often directed
when an individual has a pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant upgrading your discharge given the four
NJP’s and your failure to attain the required average in conduct.
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, x
W. DEAN P
Executive ector
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