DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 281-10
1 October 2010
Thig 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 21 September 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.
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 on 7 May 1990 at age 17 and began a
period of active duty on 17 September 1990. You served without
disciplinary incident until 15 July 1993, when you received
nonjudicial punishment (NUP) for two periods of absence from your
appointed place of duty and failure to go to your appointed place
of duty. Shortly thereafter, on 8 September 1993 you began
participation in an aftercare program upon completion of a Level
II alcohol abuse rehabilitation program. However, on 18 December
1993, you were convicted by civil authorities of driving under
the influence (DUI). You were sentenced to a $485.50 fine,
probation for six months, community service for 50 hours, and
mandatory DUI education.
On 8 February 1994 you received NUP for absence from your
appointed place of duty and a one day period of unauthorized
absence (UA). On 14 February 1994 you were evaluated for further
alcohol rehabilitation due to your continued alcohol abuse. The
evaluation made note of your DUI charges in 1989 and 1993, and
your periods of UA in April 1993 due to alcohol abuse. AS a
result of the foregoing, on 18 February 1994, you were notified
of pending administrative separation action by reason of
misconduct due to civil conviction and alcohol abuse
rehabilitation failure. Although you waived your procedural
rights, you submitted a written request for discharge under
honorable conditions. On 28 February 1994 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction and
alcohol abuse rehabilitation failure. Subsequently, the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
civil conviction. As a result of this action, on 25 March 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient t@ warrant recharacterization of your discharge
because of the seriousness of your alcohol related misconduct in
both the military and civilian communities and your failure of a
rehabilitation program. Further, you were given an opportunity
to defend yourself but waived your procedural right and did not
object to the separation. 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,
Executive
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