DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
SJN
Docket No: 02164-11
8 December 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 December 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
7 January 1985. The Board found that on 8 January 1985, you were
briefed on the Navy’s policy regarding drug and alcohol abuse.
On 3 February 1986, you were counseled after successfully
completing Level III treatment at a Navy alcohol rehabilitation
center. At that time you had developed the necessary coping
skills and tools to remain sober. However, on 6 February 1986,
you received nonjudicial punishment (NUP) for disobedience and
being incapacitated for the proper performance of duty by
overindulgence in alcohol. You were counseled and warned that
further misconduct could result in administrative discharge
action. On 13 May and 2 July 1986, you received NUP for
communicating a threat, use of provoking speech and gestures,
insubordinate conduct, breaking restriction, disobedience,
escaping from custody, use of indecent language, dishonorably
failing to pay just debts, and communicating indecent language to
a police officer.
On 7 July 1986, a medical entry states that due to your continued
alcohol use and psychological dependents, you were not a
candidate for a second course of rehabilitation due to your poor
attitude toward continued rehabilitation and desire to be
separated from the Navy. 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 be discharged under other than honorable (OTH) conditions by
reason of misconduct. The discharge authority concurred and
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. You were so discharged on 15
August 1986.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post-service medical issues. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s
for very serious offenses, and the fact that you were warned of
the consequence of further misconduct. 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,
W. DEAN PFRI
Executive Wi or
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