DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 11360-10
11 August 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 9 August 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 13 October 1989 at age 17 and began
of period of active duty on 4 September 1990. About five months
later you were medically evaluated due to alcohol-related
infractions. In June 1991 you were the subject of an
investigation for further alcohol-related misconduct,
specifically, assault, destruction of personal property,
disrespect, and failure to obey a lawful order. As a result, on
3 July 1991, you received nonjudicial punishment (NUP) for drunk
and disorderly conduct, assauit, resisting arrest, and damage to
personal property. You were counselled and warned that further
Misconduct would result in an administrative separation.
On 26 July and again on 10 September 1991 you underwent medical
evaluations after experiencing symptoms of alcohol withdrawal and
expressing suicidal ideation of jumping off a pier or hanging
yourself. You were diagnosed with alcohol dependency and
intoxication, and a social disorder. You were recommended for
Level III rehabilitation, if retained in the Navy. On 12
September 1991 you received NUP for three specifications of
assault, resisting arrest, three specifications of drunk and
disorderly conduct, and communicating a threat.
Shortly thereafter, on 17 September 1991, you were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct and commission of a serious
offense. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
29 October 1991 an ADB recommended an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
and commission of a serious offense. On 30 November 1991 your
commanding officer, in concurrence with the ADB, also recommended
an other than honorable discharge by reason of misconduct due to
a pattern of misconduct. On 19 December 1991 the discharge
authority approved these recommendations, and on 2 January 1992
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge for medical
purposes. It also considered your disability rating for chronic
fatigue syndrome. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in two NJPs and repeated counselling.
Finally, applicable directives state, in part, that even if a
Sailor is processed for separation by reason of a medical
condition, such as alcoholism, as is reflected in your record, if
the Sailor meets the requirements of another reason for
separation, such as misconduct, the Sailor will be separated for
the latter reason. Accordingly, your application has been
denied.
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,
pense
Executive D tor
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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 31 July 1991, you received NUP for drunk and disorderly conduct. 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 | CY2009 | 04096-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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...
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