DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
ยง : Docket No: 7353-09
: 23 July 2009
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 21 July 2009. 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 27 January 1984 at age 27 and began a
period of active duty on 5 March 1984. Your record reflects that
on 20 January 1989 you were hospitalized for a seizure or alcohol
related incident after passing out without any warning. You were
diagnosed with a single seizure and alcohol dependency.
You served without disciplinary infraction until 20 November
1989, when you were received nonjudicial punishment (NUP) for two
periods of absence from your appointed place of duty and being
incapacitated for duty due to overindulgence in alcohol. Seven
months later, on 13 June 1990, you received NJP for disobedience
as evidenced by reporting to duty while under the influence of
alcohol. On 13 December 1990 you were convicted by special
court-martial (SPCM) of six periods of unauthorized absence (UA)
totalling 45 days and breaking restriction. .
On 31 January 1991 you began another period of UA that was not
terminated until you were apprehended by civil authorities on 3
February 1991 and charged with grand larceny. You were held by
civil authorities until 10 May 1991 when you were returned to
military custody. On 27 August 1991 you were convicted by SPCM
of four periods of UA totalling 109 days. You were sentenced to
confinement for 30 days, reduction to paygrade E-1, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review and on 14 April 1993, while on appellate
leave, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to upgrade your
discharge so that you may obtain benefits. It also considered
your assertion that you served honorably until discharged for an
untreated mental problem. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization .
. of your BCD because of the seriousness of your repetitive alcohol
- related misconduct. Further, there is documented evidence in the
record that is contrary to your assertion. 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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