DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION. OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12219-0909
20 August 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 August 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 probable material error or
injustice.
You reenlisted in the Navy on 13 July 1983, after more than three
years of honorable service. On 11 February 1988, you received
nonjudicial punishment (NJP) for a two day period of unauthorized
absence (UA) from your unit. On 20 June 1988, you were convicted
in civil court in the city of Hanahan, South Carolina of driving
under the influence (DUI) of alcohol. You were fined $219.00 and
your driving privileges were suspended for six months. On 27
December 1988, you were convicted in civil court in the city of
Columbia, South Carolina, of DUI and driving with a suspended
license. You were sentenced to 10 days community service, fined
$389.25 and your license suspended for one year. On 15 May 1989,
administrative discharge action was initiated to separate you by
reason of civil conviction. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 7 June 1989, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions due to
civil conviction. On 24 June 1989, the separation authority
directed an OTH discharge by reason of civil conviction. On
27 August 1989, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two civil convictions. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board noted that you may be eligible for benefits with the
Department of Veterans Affairs (DVA) based on your prior
honorable service. Please contact your local DVA for a
determination regarding benefits.
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 Dew’
W. DEAN PFELSF
Executive Dive
NAVY | BCNR | CY2009 | 03921-09
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. On 28 September 1990, administrative discharge action was initiated to separate you by reason of civil conviction. 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.
NAVY | BCNR | CY2013 | NR7266 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2014. 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. On 24 January 1989, you were counseled and warned that further misconduct could result in administrative discharge ‘action.
NAVY | BCNR | CY2013 | NR4306 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in five NJPs and a civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 00580-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. The Board found that you reenlisted in the Navy on 23 February 1988 for three years. The Board could find no error or injustice in your assigned reenlistment code since you were treated no differently than others discharged under similar circumstances.
NAVY | BCNR | CY2010 | 07353-10
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. On 17 March 1992, you received the general discharge for alcohol rehabilitation failure. 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.
NAVY | BCNR | CY2009 | 08836-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR8675 13
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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR08675 13
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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 05741-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2008. On 15 January 1990, you began a UA that ended on 3 February 1990, a period of about 19 days. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your performance and...
NAVY | BCNR | CY2010 | 01935-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. On 13 October 1983, you received your third NJP for an additional UA period. On 27 January 1984, you received the OTH discharge due to misconduct (drug abuse).