DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04436-09
19 April 2010
em
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 13 April 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 material error or
injustice.
You enlisted in the Navy and began a period of active duty on
31 July 2001 at age 18. On 23 July 2002, you received
nonjudicial punishment (NUP) for underage drinking. You were
referred to a Drug and Alcohol Program and successfully completed
it on 1 August 2002. You were counseled with regard to underage
drinking, and warned that further misconduct could result in
administrative discharge action. On 25 October 2002, you were
arrested by civil authorities for operating a motor vehicle while
under the influence of alcohol and possession of alcohol. On 16
November 2002, administrative discharge action was initiated to
separate you by reason of alcohol abuse rehabilitation failure.
Your commanding officer directed that you be separated from the
naval service, and on 26 November 2002, you received a general
discharge by reason of alcohol abuse rehabilitation failure.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post-service accomplishments, and character letters.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP, failure to adhere to your command’s rehabilitation
program, and arrest by civil authorities for alcohol-related
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,
lo toas
W. DEAN PF
Executive Dive e
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