DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1545-10
20 October 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 13 October 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 25 May 1988 at age 18, began a period
of active duty on 8 June 1988, and served for nearly five months
without disciplinary incident. However, on 28 November 1988, you
were apprehended by military authorities for wrongful use of
alcoholic beverages. On 30 November 1988 you were found to be
alcohol dependent and recommended for an administrative
separation. The medical record stated, in part, that your
potential for future service was poor; you received two tickets
(both pending in court) from civil authorities for driving under
the influence of alcohol; and that nonjudicial punishment (NJP)
action was pending for your underage drinking. It also stated
that you were offered treatment at the nearest veterans’ affairs
medical center, but refused it because of the possibility that
Such action would interfere with your other plans. You were
again recommended for an administrative separation at this time.
On 30 November 1988 you were notified of administrative
separation by reason of erroneous enlistment. Presumably, you
did not object to the separation and waived your right to submit
a separation rebuttal statement. On 8 December 1988 you received
NJP for four periods of failure to go to your appointed place of
duty, disrespect, underage drinking, and making a false official
statement. The punishment imposed was restriction and extra duty
for 40 days and a $500 forfeiture of pay. Subsequently, the
discharge authority directed your commanding officer to issue you
an uncharacterized entry level separation by reason of erroneous
entry, and on 18 January 1989, while serving in paygrade E-1, you
were so separated and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
“your youth and desire to change your entry level separation by
“characterizing your period of service. It also considered your
assertion of not being offered treatment for your alcohol abuse.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief because of the seriousness of your
misconduct in such a short timeframe. The Board concluded that
your diagnosed alcohol dependency and refusal to undergo
treatment for this condition, as well as your failure to complete
recruit training, were sufficient to support the uncharacterized
entry level separation, which is authorized by regulatory
guidance. Finally, there is documented evidence in the record
that is contrary to your assertion of not being offered treatment
for alcohol abuse. 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,
\a Waa |
WwW. : DEAN PF]
Executive Di
A
By
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