DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL ‘
Docket No: 11405-1090
27 July 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 20 July 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 reenlisted in the Navy on 10 June 1983 after more than two
years of honorable service. On 11 July 1984, you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
In July 1984 you were arrested for driving under the influence of
alcohol in Connecticut. On 20 July 1984, you were the subject of
a mental health evaluation. It stated in part that you were not
alcohol dependent at that time and your motivation for alcohol
rehabilitation services (ARS) treatment was primarily a function
of secondary gain involved in avoiding patrol and being
disqualified from your rate as a nuclear trained machinist mate.
On 10 August 1984, you received NUP for unauthorized absence (UA)
from your appointed place of duty. On 3 September 1984, you
again received NUP for UA from your unit for a period of two
days. You were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
On 26 December 1984, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (frequent involvement). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 21 February 1985 you received the OTH
discharge for misconduct (frequent involvement) .
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
ef your discharge given the seriousness of your misconduct that
resulted in three NUJPs and civil arrest. 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,
W. DEAN PFEI
Executive Di
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