DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4685-09
19 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 10 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 material error or
injustice.
You enlisted in the Navy and began a period of active duty on 29
April 1985 at age 23. On 19 December 1985, you received
nonjudicial punishment (NUP) for a four day period of
unauthorized absence (UA) from your unit and dereliction of duty.
On 13 March 1986, you received NJP for assault and communicating
a threat. You were counseled and warned that further misconduct
could result in administrative separation. On 27 March 1987, you
received NUP for drunk and disorderly conduct. On 1 May 1987,
you received NIP for disrespectful language, failure to obey a
lawful order, two instances of UA from your unit, wrongful over
indulgence in alcohol, and failure to pay just debts. On 8 May
1987, you were the subject of a medical evaluation, which stated
in part, that you attended and graduated from a four week
Counseling and Assistance Center (CAAC) program but continued to
drink. That you are a chronic abuser with numerous alcohol
related offenses. It was recommended that you attend Alcoholics
Anonymous meetings and be administratively separated. On 21 July
1987, administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB). On 21 July 1987, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions. On 4
August 1987, the discharge authority directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. On 14
August 1987, 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 four NJP’s, two of which was imposed after you were
counseled and warned of the consequences of further misconduct.
Additionally, no discharge is upgraded merely because of the
passage of time. 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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Wud
W. DEAN PF
Executive D
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