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NAVY | BCNR | CY2009 | 12409-09
Original file (12409-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 12409-09
2 September 2010

 

EE:

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 31 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
LiiTjustiece:.

You enlisted in the Navy and began a period of active duty on

4 October 1988. The Board found that you received nonjudicial
punishment (NUP) for four days of unauthorized absence (UA).
Based on the information currently contained in your record, you
were admitted to a Level III alcohol rehabilitation treatment
program after being found alcohol dependent by qualified medical
personnel. Unfortunately, you were released from the program due
to your failure to cooperate with program requirements.
Subsequently, administrative discharge action was initiated to
separate you by reason of alcohol abuse rehabilitation failure.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 6 November 1989, you receive a general discharge by reason of
alcohol abuse rehabilitation failure.
Characterization of service is based in part on conduct averages
computed from marks assigned on a periodic basis. Your conduct
average was 2.8. At the time of your discharge, a conduct
average of 3.0 was required for a fully honorable
characterization of service.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP, failure to adhere to your command's rehabilitation
program, and failure to attain the required average in conduct.
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.

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,

W. DEAN P

Executive t

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