DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5757-10
18 February 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 16 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 the evidence submitted was insufficient
to establish the existence of probable material error or
ieee .
You enlisted on in the Navy and began a period of active duty on
19 November 1985 at age 20. You received nonjudicial punishment
(NTP) on four occasions for two instances of unauthorized absence
(UA) from your appointed place of duty, drunk on duty, drunk and
disorderly conduct, and being incapacitated for the performance
of duties. On 24 April 1987 you were admitted to the Alcohol
Rehabilitation Service/Substance Abuse Department, Naval
Hospital, Millington, Tennessee, and received a diagnosis of
alcohol dependence. It was stated in part that, due to your
repeated attempts at manipulation, blatant lying, refusal to
follow the rules, and refusal to get involved with the treatment
program, led to your early discharge from treatment with a very
poor prognosis for ongoing sobriety. On 11 May 1987, you were
returned to your command as a Level III Alcohol Rehabilitation
failure. After your first and second NUP, you were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
separation authority directed an OTH discharge by reason of
misconduct due to a pattern of misconduct and alcohol abuse.
On 5 June 1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
oyerall record of service. Nevertheless, the Board found that
these factors were hot sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NUPs. The Board noted that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, the Board also noted on
5 June 1987 you were offered the right to request in-patient
alcohol rehabilitation treatment from the Veterans Administration
Hospital nearest your home, but signed a waiver refusing
treatment. 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,
W.
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