DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 .
ARLINGTON, VA 22204-2490
TIR
Docket No: 4105-12
14 March 2013
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 12 March 2013. 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 enlisted in the Navy and immediately began a period of active
duty on 22 April 1987. You served without disciplinary incident
until 23 November 1987, when you received nonjudicial punishment
(NJP} for absence from your appointed place of duty.
During the period from 29 September to 9 December 1988, you
received NJP on two more occasions for failure to go to your
appointed place of duty, absence from your appointed place of
duty, drunken and/or reckless driving, and two specifications of
being drunk on duty. Also during this period, you were found
drunk and unfit for duty, diagnosed with alcohol dependency, and
recommended for and failed to successfully complete an alcohol
rehabilitation program.
Subsequently, you were processed for an administrative separation
_ by reason of misconduct due to commission of a serious offense
and alcohol rehabilitation failure. After waiving your
procedural right to consult with legal counsel and to present
“your case to an administrative discharge board (ADB), on 3
January 1989, your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
commission of a serious offense and alcohol rehabilitation
failure. On 3 February 1989 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 15 February 1989, you were so discharged.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as .
your desire to upgrade your discharge and assertion that because
you served honorably, you should not have received an other than
honorable discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
‘discharge because of the seriousness of. your’ repetitive
misconduct which included alcohol abuse and resulted in three
NJPs. Further, you were given an opportunity to defend yourself,
but waived your procedural right to present your case to an ADB.
Finally, there is evidence in the record that is contrary to your
assertion of serving honorably. 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.
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Executive D
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