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NAVY | BCNR | CY2009 | 06828-09
Original file (06828-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

 

TIR
Docket No: 6828-909
4 dune 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, gitting in executive session, considered your
application on 3 June 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 3 June 1987 at age 19. You served
for two years without disciplinary incident, but during the
period from 17 August to 1 December 1989, you received
nonjudicial punishment (NJP) on three occasions for disrespect,
drunk and disorderly conduct, grabbing a female’s buttocks, three
periods of absence from your appointed place of duty, and two
specifications of failure to obey a lawful order. ,

On 1 January 1990 you were referred for an evaluation due to
alcohol abuse and assigned to a Level iII rehabilitation program.
You completed the program on 12 February 1990 and were assigned
to aftercare treatment.

Subsequently, you were notified of pending administrative
separation action by reason of convenience of the government due
to alcohol rehabilitation failure and misconduct due to a pattern
of misconduct. Your commanding officer recommended discharge
under honorable conditions by reason of convenience of the
government due to alcohol rehabilitation failure and misconduct
due to a pattern of misconduct. This recommendation also stated,
in part, that a general discharge was recommended because the
nature of your misconduct did not warrant an other than honorable
characterization of service. The discharge authority approved
this recommendation and directed your commanding officer to issue
you a general discharge by reason of alcohol abuse rehabilitation
failure, and on 7 September 1990, you were so discharged. At
that time you were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to change your
reenlistment code so that you may reenlist. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your record because of the seriousness of your alcohol
related misconduct, which resulted in three NUPs. 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,

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