DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 04093-0898
11 March 2010
. ,
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 9 March 2010. 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 Materlal error or
injustice.
You reenlisted in the Navy on 20 November 1981 after three years
of honorable service. During the period from 8 October 1982 to
14 August 1984, you received four nonjudicial punishments (NJP’ s)
for disrespectful language, drunk and disorderly conduct,
resisting apprehension, communicating a threat, disobedience, and
operating a vehicle while intoxicated. On 20 August 1984, you
were notified of pending administrative discharge action by
reason of misconduct and alcohol rehabilitation failure.
However, on 16 November 1984, you were convicted by civil
authorities of driving under the influence. On 23 December 1984,
the discharge authority directed that you be separated under
other than honorable conditions by reason of misconduct due to
civil conviction. You were so discharged on 8 February 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
four NIP’s and civil conviction for a very serious offenses.
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,
\SpoeS
W. DEAN PFE
Executive Diz
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