DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 06880-12
22 May 2013
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 21 May 2013. 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 September 1983. The Board found that on 12 September 1983, you
were briefed on the Navy’s policy on drug and alcohol abuse. On
19 and 20 January 1988, you were counseled regarding driving
under the influence of alcohol and failure to pay just debts.
You were warned that further misconduct could result in
administrative discharge action. On 4 February 1988, you
received nonjudicial punishment (NJP) for disobedience and making
a false official statement. On 26 May 1988, you completed a
Level III Alcohol Rehabilitation Program for dependence. You
were warned that any further involvement in a subsequent alcohol-
related incident, or failure to satisfactorily complete any
aspect of aftercare treatment would be grounds for administrative
discharge action. On 29 January 1990, you received NUP for two
days of unauthorized absence. On 16 August 1991, you received a
third NUP for drunk or reckless driving. You received
restriction, extra duty, a forfeiture of pay, anda reduction to
paygrade E-5. 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 23 September 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your character of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your three NUP’s for very serious offenses and failure to adhere
to your command’s alcohol rehabilitation program. 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,
\nbus
W. DEAN PHRI
Executive or
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