DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00546-10
30 September 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 session, considered your
application on 29 September 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
You enlisted in the Navy Reserve on 17 January 1989, and began a
period of active duty on 7 February 1989, at age 19. You served
honorably until 26 February 1992, when you were counseled
concerning your disorderly conduct as evidenced by loud and
unruly behavior. On 29 October 1992, you received nonjudicial
punishment (NJP) for assaulting a female Sailor. On 8 January
1993, you submitted a statement concerning your letter of
reprimand you received from your NJP and stated “I will never
allow anything to jeopardize my future in the military.”
However, you did not deny committing the offense and your appeal
was disapproved. On 4 October 2005, you were referred by your
command, to the Substance Abuse Rehabilitation Program (SARP).
Apparently, you were diagnosed as alcohol dependent in May 2005
by the SARP representative in Portsmouth, Virginia, and it was
recommended that you follow a strict after care plan, 90
alcoholics anonymous meetings, random breathalyzer and follow-up
with the SARP coordinator at the Naval Hospital Corpus Christi,
Texas. During the visit it was determined that you were an
alcohol rehabilitation failure, however, at that time your
command chose not to process you for discharge. You apparently
had a relapse in August 2006, and were detained for public
intoxication by civilian authorities and returned to the
military. You received a waiver at that time to remain in the
Navy and completed Level III Treatment (Inpatient Treatment) for
alcohol dependence. However, the SARP at Corpus Christi Hospital
and your command Drug and Alcohol Program Assistant (DAPA)
Ggtermined that you were an alcohol rehabilitation failure and it
was recommended that you be separated for not complying with the
Peonmended treatment. It was documented on your performance
valuation from 16 November 2006 through 15 November 2007, that
you had proven to be unreliable and lacked control in your
gensumption of alcohol, which resulted in you not being
recommended for retention in the Navy. On 20 December 2007, you
received NJP for two instances of failure to go to your appointed
place of duty, and being intoxicated on duty. On 7 January 2008,
you were notified that administrative discharge procedures were
initiated and that you would receive a reenlistment code of RE-4
for alcohol rehabilitation failure upon your separation. On 27
February 2008, your case was heard by an administrative discharge
board (ADB), which voted three to zero in favor of separation by
reason of alcohol rehabilitation failure with an honorable
discharge. Your commanding officer concurred with the ADB’s
recommendation, and forwarded his recommendation that you be
separated with an honorable discharge by reason of alcohol
rehabilitation failure. The discharge authority directed the
discharge. You were so discharged on 25 July 2008.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your honorable service to the Navy, and alcohol abuse problems.
However, the Board found that these factors were not sufficient
to warrant any change in your RE-4 reenlistment code or grant you
retirement, given your record of two NJP’s for misconduct and
your failure to comply with the alcohol rehabilitation program.
The Board also noted that you were fortunate to receive an
honorable discharge since a discharge under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. 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,
Was
W. DEAN PF
Executive ie
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