DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03377-10
20 January 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 19 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 2 July 1992, you reenlisted in the Navy after serving over
three years of honorable service. On 12 May 1994, you were
convicted by civil authorities of driving under the influence
(DUI) of alcohol. You were counseled and warned that further
misconduct could result in administrative discharge action.
However, on 18 August 1994, you received nonjudicial punishment
(NIP) for negligently destroying military property by breaking a
window, and drunk and disorderly conduct. You received a
reduction in paygrade, a forfeiture of pay, restriction, and
extra duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. You commanding officer stated, in part, that you
demonstrated a total disregard for good order, discipline and the
Navy's policy concerning alcohol abuse. Despite strong
counseling efforts, you failed to comply with your alcohol
rehabilitation aftercare program and continued your over
indulgence and abuse of alcohol. The discharge authority
concurred and directed an OTH discharge by reason of misconduct.
On 29 November 1994, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
prior honorable service, last period of active service, and post
service accomplishments. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your civil conviction for DUI, NIP involving the
abuse of alcohol, the fact that you were counseled and warned of
the consequences of further misconduct, and failure to adhere to
your command alcohol rehabilitation program. Finally, the Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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,
NAVY | BCNR | CY2010 | 00828-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 11490-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August.2011. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use.
NAVY | BCNR | CY2010 | 08507-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2011. 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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct.
NAVY | BCNR | CY2013 | NR2474-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. 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. ‘Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2011 | 00217-11
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. On 6 November 1984, you received the OTH discharge due to misconduct drug abuse (use). Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two NUP’s for misconduct, and drug abuse (use).
NAVY | BCNR | CY2011 | 02425-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 2011. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse). 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.
NAVY | BCNR | CY2010 | 05178-10
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. On 17 May 1994, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 01885-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 November 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 09978-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. You were also counseled regarding this offense and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. On 8 January 1985, you had NJP for use of marijuana.
NAVY | BCNR | CY2010 | 05982-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. 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. On 24 June 1994 you received the OTH discharge due to misconduct (pattern of misconduct).