DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4730-09
13 Apral 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 13 April 2010. The names and votes of the
menbers 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 27 September 1990 at age 19 and began
a period of active duty on 28 November 1990. You served for five
months without disciplinary incident, but on 2 and 15 May 1991,
you received nonjudicial punishment (NUP) for a 23 day period of
unauthorized absence (UA), failure to obey a lawful order, and
making a false official statement. Shortly thereafter, you were
diagnosed with alcohol dependency and recommended for Level III
rehabilitation. Although you completed the initial part of
Level III rehabilitation, you declined the medicinal maintenance
portion of the aftercare program. As a result of this action,
you failed the alcohol abuse rehabilitation program.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and alcohol abuse rehabilitation failure. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
The discharge authority directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 12 September 1991 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. It also
considered your assertion that you were misdiagnosed as an
alcoholic and a poly-drug abuser. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in two NJPs and included
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,
W. DEAN PF
Executive
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