DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 13619-10
7 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 6 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.
On 22 April 1988, you reenlisted in the Navy after 10 years of
honorable service. The Board found that on 2 November 1989, you
were evaluated by the Counseling and Assistance Center (CAAC)
after being referred for suspected alcohol abuse. At that time,
you were evaluated and found dependent on alcohol based on your
disclosures. It was recommended that you receive inpatient Level
IIt alcohol rehabilitation treatment, a supervised regimen of
Antabuse, and attend Alcoholics Anonymous (AA) meetings. On
22 January 1990, you reported for Level III treatment and after
three weeks, were dropped for misreferral. On 5 April 1990, you
were found drunk for duty and sent to medical for a competency
exam. On 11 April 1990, you were interviewed by CAAC due to
reporting to work with alcohol on your breath on 5 April 1990.
After this incident, it was recommended that you be
administratively separated via the Department of Veterans Affairs
Administration (DVA) for treatment if it was confirmed that you
were alcohol dependent. In the interim, you were to attend AA
and stress management classes. On 20 April 1990, the medical
department found that you were dependent on alcohol and
recommended you receive inpatient Level III alcohol
rehabilitation treatment. However, on 10 May 1990, you were
picked up by base security for drunken driving on base. On
1 June 1990, you received nonjudicial punishment (NJP) for
drunken driving on base and received a forfeiture of pay. On 8
June 1990, you signed a statement refusing to reenlist or extend
your enlistment in order to receive further treatment.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you he discharged under
other than honorable (OTH) conditions by reason of misconduct and
alcohol rehabilitation failure. The discharge authority directed
an OTH discharge by reason of misconduct due to commission of a
serious offense. You were so discharged on 27 July 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, personal awards, and record of last period of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your failure to adhere to your commands alcohol rehabilitation
program, NUP for drunken driving, and your refusal to participate
in a second Level III inpatient alcohol rehabilitation treatment
program, that was geared to help you with your alcohol
dependence. Finally, 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,
\oNags
W. DEAN PF
Executive reqtor
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