DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 01894-069
30 November 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 18 November 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 21
May 1991 at age 20. On 29 January 1992, you received nonjudicial
punishment (NUP) for under age drinking. On 23 April 1992, you
received NOP for five instances of under age drinking. On 10
December 1992, you received NUP for unauthorized absence (UA),
failure to go to your appointed place of duty and drunkenness.
Additionally, after your second NUP, you were counseled and
warned that further misconduct could result in administrative
‘discharge action. In May 1992, you were placed in an alcohol
rehabilitation program; however your rehabilitation failure was
revealed by your continued alcohol abuse and misconduct. On 16
April 1993, administrative discharge action was initiated by.
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, or have your case heard by an
administrative discharge board (ADB). You did, however elect to
submit a written statement. On 28 April 1993, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable (OTH) conditions for misconduct. On 30
April 1993, the separation authority directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. On 27 July
1993 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall. record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant. recharacterization
of your discharge given the seriousness of your misconduct that
‘resulted in alcohol rehabilitation failure and three NUP’s, one
-o£f which was imposed after you were counseled and warned of the
consequences of further misconduct. Finally, the Board noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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. DE -
Executive tor
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