DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Dockét: No: 351-12
27 September 2012
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 26 September 2012. 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
8 March 1983 at age 19. You were the subject of multiple
psychological evaluations after missing your ship’s movement and
refusing to return to your command. You stated in part, that
you hated submarine duty, did not respect the people in your
command, did not like the people you worked with and were sick
of being a submariner. You were diagnosed as alcohol dependent
with a binge drinking pattern and a borderline character
disorder. On 15 February 1987, you received nonjudicial
punishment (NJP) for missing ship’s movement and failure to obey
a lawful order. On 26 March 1987, you were the subject of a
medical examination prior to admission to Level III Alcohol
Rehabilitation Treatment. You stated in part, that you refused
to take Antabuse, which was part of the alcohol rehabilitation
treatment. Based on the information currently contained in your
record it appears that you were subsequently involuntarily
processed for an administrative separation due to misconduct.
In connection with this processing, you would have acknowledged
the separation action and the separation authority would have
approved a recommendation for separation. The record clearly
shows that on 29 June 1987, you were discharged with a general
characterization of service by reason of misconduct (commission
of a serious offense).
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 changing your
characterization of service due to your record of misconduct and
refusal to participate in the alcohol rehabilitation program.
The Board believed that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when a Sailor is separated for
misconduct. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
WAR.
W. DEAN PFETFF
Executive Dire
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