DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TIR
Docket No: 3175-09
8 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 2 March 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 16 November 1987 at age 18 and began
a period of active duty on 23 November 1987. You continued to
serve without disciplinary incident until 22 June 1989, when you
received nonjudicial punishment (NJP} for forgery. On 9 November
1990 you received NJP for absence from your appointed place of
duty.
During the period from 18 January to 19 July 1991 you received
NUP on three more occasions for three periods of absence from
your appointed place of duty and disobedience. During this
-period you also participated in a rehabilitation program after
being diagnosed as alcohol dependent. However, you were
terminated from the program, in part, due to your minimizing the
consequences of your drinking, blaming external factors for your
problems, and resistance to group processes. Subsequently, you
were returned to duty.
On 12 February 1992 you received NJP for three periods of UA
totalling three days. Shortly thereafter, on 8 March 1992, you
were notified of pending administrative separation action by
reason of misconduct due to a pattern of misconduct. At that
time you waived your right to consult with legal counsel and to
present your case to an administrative discharge board (ADB). On
17 March 1992 you received your seventh NJP for failure to obey a
lawful order. On 26 March 1991 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct as evidenced
by seven NUPs. On 28 March 1992 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 13 April 1992 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in seven NUJPs and
include alcohol rehabilitation failure. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. Accordingly, your
application has been denied.
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,
\ges
W. DEAN PF
Executive D xX
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