DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1582-12
5 December 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 4 December 2012. 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 24 December 1983 after more than
eight years of prior satisfactory service. You served without
disciplinary incident until 3 January 1985, when you were
convicted by civil authorities of driving under the influence of
alcohol. A year later, on 6 January 1986, you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and alcohol rehabilitation failure. After
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB). On 6 May 1986 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense. On
21 May 1986 you submitted a written rebuttal to the ADB
recommendation and requested a general discharge. Your request
was denied and your commanding officer, in concurrence with the
ADB, also recommended discharge under other than honorable
conditions by reason of misconduct due to commission of a serious
offense. This recommendation also noted your alcohol
rehabilitation failure, involvement with military and civilian
authorities, financial irresponsibility, and being a disciplinary
burden. On 8 June 1986 the discharge authority approved the
foregoing recommendations and directed your commanding officer to
issue you an other than honorable discharge by reason of
misconduct due to commission of a serious offense, and on 12 June
1986, 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, desire to upgrade your
discharge, and assertion that your discharge was unjust because
it was based solely on your civilian conviction. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct in both the military and civilian communities.
Finally, the Board found that there is sufficient evidence in the
record that is contrary to your assertion. 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,
\
W. DEAN PFE
Executive Di
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