DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8507-10
28 April 2011
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 27 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 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 and began a period of active duty on
14 April 1981 at age 19. On 6 August 1981 you were the subject
of a medical evaluation that diagnosed you with severe alcohol
abuse. On 28 August 1981, you received nonjudicial punishment
(NJP) for possession of a controlled substance Quaaludes. On
22 September 1981, you were convicted by summary court-martial
(SCM) of two instances of unauthorized absence (UA) from your
unit, four instances of failure to obey a lawful order, and
breaking restriction. On 23 October 1981, you were admitted to
the Alcohol Rehabilitation Department (ARD), but dropped from the
program due to noncompliance. On 27 November 1981, you received
NIP for insubordinate conduct toward a superior petty officer.
After you first NUP, you were counseled regarding your misconduct
and warned that further offenses could result in administrative
Separation. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all .of your procedural rights,
including your right to an administrative discharge board (ADB).
On 25 January 1982, you received the OTH discharge for misconduct
due to frequent involvement of a discreditable nature with civil
or military authorities.
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 your two NJPs, one SCM conviction and
failure to complete your command’s alcohol rehabilitation
program. The Board noted that you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, the Board found that you were fortunate to
receive a general discharge, since a characterization under other
than honorable condition is often directed for misconduct such as
yours. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
The Board also noted that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720
Integrity Drive, Millington, TN 38055-3120 to request that
administrative corrections be made to your Certificate of
Discharge or Release from Active Duty (DD Form 214) such as, but
not inclusive of your date of birth, social security number, or
record of service.
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. DEAN RES
Executive réctor
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