DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00521-12
24 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
tates Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 October 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
27 June 1979. The Board found that the record reflects that on
24 September 1979, you were admitted into a medical facility for
alcohol rehabilitation and discharged on 2 November 1979. On
3 January 1980, you were reevaluated and diagnosed with a chronic
alcoholism relapse. At that time it was recommended that you be
administratively separated from the Navy due to your failure to
comply with the program. On 18 January 1980, you received
nonjudicial punishment (NJP) for two instances of drunk and
disorderly conduct, communicating a threat, assault, and
disobedience. Subsequently, you were notified of pending
administrative separation action by reason of unsuitability.
You were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. Your case was
forwarded and it was directed that you be separated by reason of
unsuitability with a general discharge. You were so discharged
on 25 March 1980.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service should
have been upgraded. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your
characterization of service given your failure to adhere to your
alcohol rehabilitation treatment and NUP for serious offenses
involving alcohol abuse. Finally, you are advised that there is
no provision of law or in Navy regulations that allows for
recharacterization automatically or 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,
sh
ROBERT D. ZSALMAN
Acting Executive Director
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