DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
" WASHINGTON DC 26370-5100
SIN
Docket No: 00189-10
19 January 2010
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 séssion, considered your ;
application on 12 January 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 enlisted in the Navy and began a period of active duty on
28 August 2001 at age 18. On 26 November 2002, you were admitted
to a Navy hospital addiction clinic for alcohol abuse treatment.
On 5 December 2002, you were discharged from the program due to
your failure to complete the program due to multiple violations
of the regulations, including consuming alcohol while enrolled.
Your overall progress in treatment was determined to be poor. On
7 February 2003, you received nonjudicial punishment {NJP) for
underage drinking and disorderly conduct. You received a
forfeiture of pay, reduction in paygrade, restriction, and extra
duty. Based on the information currently contained in your
record it appears administrative discharge action was initiated
to separate you by reason of alcohol abuse rehabilitation
failure. You waived your rights to consuit counsel, submit a
statement or have your case heard by an administrative board
(ADB}. You received a general discharged on 7 February 2003
based on your conduct and proficiency marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 1.5. At the time of your
service, a conduct average of 2.5 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 record of
service, and the fact that you are presently participating in
intensive outpatient substance abuse treatment program.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your characterization of
service given your NJP and failure to adhere to your command's
rehabilitation program. Additionally, the Board noted that you
waived your right to an ADB, your best opportunity for retention
or a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
o£ 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 Actor
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