DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 396-11
21 October 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 18 October 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 reenlisted in the Navy on 16 March 1990 after nearly four
years of prior honorable service. You continued to serve without
disciplinary incident until 26 August 1993, when you received
nonjudicial punishment (NJP) for insubordination, drunken
driving, and assault. The foilowing day, you were offered, but
refused, participation in a Level III alcohol rehabilitation
program. On 27 September 1993 you were notified of pending
administrative separation by reason of misconduct due to
commission of a serious offense and alcohol rehabilitation
failure.
In December 1993 you were again the subject of an alcohol related
incident, specifically, driving under the influence with a .30
blood alcohol content. as a result, you were processed for an
administrative separation by reason of misconduct due to
commission of a serious offense as evidenced by NuP and alcohol
rehabilitation failure as evidenced by refusal to participate in
treatment. After waiving your procedural right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB}, on 13 December 1993, your commanding
officer recommended discharge under other than honorable
conditions by reason of alcohol rehabilitation failure and
misconduct due to pending disciplinary action for charges of
drunk and disorderly conduct while in a duty status, unauthorized
absence, disrespect, two specifications of insubordination,
failure to obey a lawful order, using provoking speech, three
specifications of assault, and an unspecified offense. The
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct, and on 7 January 1994, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your
discharge. It also considered your assertion that because of
your family history of mental illness, you were not fit for duty.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your alcohol related misconduct.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
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,
\WWearsda dD
W. DEAN PF
Executive r
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