DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 01449-13
12 February 2014
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 11 February 2014. 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.
The Board found you began a period of active duty in the Navy on
29 June 1993. The Board also found that you served for over
16 years without any major incidents. During the period from
5 February to 9 July 2010, you successfully completed a Substance
Abuse Rehabilitation aftercare treatment program. You returned
to full duty and on 27 July 2011, you received nonjudicial
punishment (NJP) for disobedience, failing to stand your duty in
a sober and timely manner, wrongfully consuming alcohol while in
a liberty risk status, making a false official statement, driving
under the influence of alcohol, and being drunk on duty. You
received a reduction in paygrade, restriction, extra duty, and a
suspended forfeiture of pay. Subsequently, administrative
discharge action was initiated to separate you by reason of
alcohol rehabilitation failure. You elected to consult counsel
and have your case heard before an administrative discharge board
(ADB). On 12 October 2011, the ADB found by a preponderance of
s
the evidence supported the alcohol rehabilitation failure basis
for separation and recommended separation. On 9 January 2012,
your commanding officer concurred with the ADB’s findings and
forwarded his recommendation that you receive a general
Gischarge. On 20 July 2012, the separation authority directed a
general discharge by reason of alcohol rehabilitation failure.
On 2 August 2012 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your length and
record of honorable service, personal awards, medical and post
service personal issues, and desire to be allowed to be retired
from the Navy. Nevertheless, the Board concluded these factors
were not sufficient to warrant crediting you with enough time for
retirement given your NUP for very serious offenses and your
failure to adhere to your chain of command's rehabilitation
program. Accordingly, your application has been denied.
Since your discharge is less than 15 years old, you have not
exhausted your administrative remedy of applying to the Naval
Discharge Review Board (NDRB). You may apply to the NDRB for a
review of your narrative reason for separation and
characterization of service by submitting the attached DD Form
293. ~
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,
ROS So
ROBERT D. Z4SALMAN
Acting Executive Director
Enclosure
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