DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9595-09
22 July 2010
Dea, mapaemiaanse
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 20 July 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.
Bfter 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 May 1992 at age 22 and served
without disciplinary incident until 22 October 1992, when you
received nonjudicial punishment (NJP) for drinking on duty and
being incapacitated for duty due to drunkenness.
Your record contains an administrative remarks entry dated 25
February 1993 which reflects that you were counselled regarding
your drinking while in a duty status and being incapacitated for
duty. About two months later, on 29 April 1993, you received NUP
for absence from your appointed place of duty and drunkenness.
Subsequently, you were placed on legal hold pending an
administrative discharge. However, on 13 July 1993, you self-
referred for a medical and/or psychiatric evaluation due to your
alcohol abuse. You were diagnosed with alcohol dependence and
abuse, which existed prior to your enlistment, and a personality
disorder. On 10 August 1993, upon completion of your
rehabilitation, you were strongly recommended for an
administrative separation due to the diagnosed personality
disorder which rendered you a potential danger to yourself and
others.
On 8 November 1993 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and convenience of the government due to the
diagnosed personality disorder. After waiving your procedural
rights to legal counsel and an administrative discharge board
(ADB), your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to
commission of a serious offense. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 28
January 1994 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, desire to upgrade your discharge, and assertion that
you were not offered alcohol rehabilitation in a timely manner,
and as such, you got into trouble and were “kicked” out of the
Navy. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NUPs. Further, you were given an opportunity to
defend your actions, but waived your procedural right to present
your case to an ADB. Finally, there is no evidence in the
record, and you submitted none, to support 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,
lo Beak
W. DEAN PFE R
Executive D or
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