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NAVY | BCNR | CY2010 | 02697-10
Original file (02697-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 2697-10
8 March 2011

 

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 2 February 2011. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 9 April 1985.

On 20 December 1985 you were found to have a personality disorder
and alcohol related disorder, but were found fit for duty. You
underwent alcohol rehabilitation treatment from 31 January to 12
March 1986. You received nonjudicial punishment on five occasions
for offenses that included disorderly conduct, failure to obey a
lawful order, disrespect, wrongful use of marijuana, assault,
disobeying a general regulation, and breaking restriction.

On 25 November 1987 your commanding officer recommended that you
be separated from the Navy by reason of misconduct/pattern of
misconduct, with a discharge under other than honorable
conditions. After being informed of the recommendation, you
waived the right to present your case to an administrative
discharge board. The recommendation was approved by the
separation authority, and you were discharged on 19 January 1988
with a discharge under other than honorable conditions.

In its review of your application, the Board found your
contention to the effect you should have been discharged for a
personality disorder or alcohol abuse insufficient to warrant any
corrective action in your case. 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 fbe taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
é@vidence or other mattter 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.

onsequently, when applying for a correction of an official naval
a. the burden ig on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

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