DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ‘
SJN
Docket No: 02512-13—
-12 March 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 March 2014. Your allegations of error and
injustice were reviewed in accordance with administrative ——
reguiations 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
28 April 1999. The Board found that on 2 June 2000, you received
-nonjudicial punishment (NUP) for disorderly conduct :
_ (d@runkenness).. You were counseled and: warned that further:
misconduct could result in administrative discharge action. On
10 January and 30 August 2001, you received NIP for unauthorized
absence, escaping from custody; destruction of personal property,
and disorderly conduct (drunkenness). Subsequently, ,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your |
rights to consult counsel, submit a statement or have your case
heard by an.administrative discharge board (ADB). On ~
6 September 2001, your case was forwarded recommending that you
be discharged under other than honorable (OTH) conditions by
reason of misconduct. The separation authority concurred and
directed an OTH discharge by reason of misconduct due toa |
“pattern of misconduct. You were 580 discharged on 5 October 2001.
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 discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, two
of which were after you were warned of the consequences of
further misconduct. The Board also noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. Finally, you are advised that there
is no provision of law or in Navy regulations that states that a.
Sailor is entitled to up to three alcohol rehabilitation
treatments... Additional, your separation Report of Medical
Examination= ~dated 5 September 2001, makes no mention of alcohol
dependence, which would have allowed your commanding officer to
offer you alcohol rehabilitation tréatment.via your local
Department of Veterans Affairs (DVA} prior to your discharge ..
Accordingly, your application has been denied. The mames and _
“votes of a members of the panel will be ‘furnished upon request.
It is regretted that the circumstances of your case are such that -
favorable action camnot 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,
ie | Rae. eS rernenne
ROBERT D. ZSALMAN
| Acting Executive Director
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