DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8486-10
15 April 2011
pplication 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 13 April 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 Or
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
129 Use ee.
You enlisted in the Navy and began a period of active duty on
12 November 2002 at age 22. You received nonjudicial punishment
(NTP) on two occasions for four instances of unauthorized absence
(UA) from your appointed place of duty. After your first NUP,
you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On
21 February 2005, you were diagnosed as alcohol dependent. You
were required to complete the American Society Addictions
Medicine (ASAM) Level II, intensive outpatient treatment for
alcohol dependency and Level I after care requirements. On
19 January 2006, you received NUP for destruction of property and
drunk and disorderly conduct. You were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. You waived your right to consult counsel.
Your commanding officer directed that you be discharged with a
general characterization of service by reason of misconduct
(pattern of misconduct). On 5 April 2006 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs and alcohol abuse. Finally, the Board
also believed that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
\is often directed when a Sailor is separated for misconduct.
tAccordingly, 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,
loPea A,
W. DEAN PFRIF
Executive rTagtor
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