DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8555-08
20 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
19 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 18 July 1983, you enlisted in the Navy Reserve at age 18 and began
a period of active duty on 20 September 1983. On 4 December 1983 and
15 April 1985, you had nonjudicial punishment (NJP) for an
unspecified period of unauthorized absence (UA) and a 14 day period
of UA. On 27 June 1985, a psychiatric evaluation found that you were
alcohol dependent, diagnosed you as having a personality disorder,
and found you psychiatrically fit for duty. On 17 July 1985, you had
NUP for another unspecified period of UA and were warned that further
infractions could result in an other than honorable (OTH) discharge.
On 1 August 1985, you had NUP for a six day period of UA and breaking
restriction.
On 10 August 1985, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
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
26 August 1985, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to a pattern of misconduct. On 3 September 1985, 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
regret for your misconduct. The Board also considered the letter of
recommendation that you submitted with your application.
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,
ROBERT D> ZSALMAN
Acting Executive Director
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