DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9989-09
25 June 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 June 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 probabie material error or
injustice.
you enlisted in the Navy and began a period of active duty on
16 June 1985 at age 20. You received nonjudicial punishment (NUP)
on two occasions and were convicted by a special court-martial
{(SPCM) for drunken driving, destruction of government property,
disorderly conduct, missing ship’s movement and unauthorized
absence (UA) from your unit for 4 period of 56 days. You were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 15 May
1989, you were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due ©o
misconduct, You waived ali your procedural rights, including your
right to an administrative discharge board (ADB). On 10 July
1989, you received the OTH discharge for misconduct.
The Board, in 4ts review of your application, carefully weighed
all potentially mitigating factors, such ag your youth and
overall record of service. Nevertheless, the Board found chat
of your discharge given the seriousness of your misconduct that
resulted in two NUPs and a $PCcM. The Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. Finally, concerning your assertion
of alcoholism, alcohol abuse is not an excuse for misconduct, and
disciplinary action and administrative separation are appropriate
after alcohol related offenses. 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 alli 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,
\S
W. DEAN E
Executive D
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