DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 02657-13
2 April 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 1 April 2014. 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
5 November 1990. The Board found that on 7 November 1990 and
14 January 1991, you were briefed on the Navy’s policy regarding
drug and alcohol abuse. On 7 June 1991, you were enrolled in a
Level II alcohol rehabilitation program. However, on 19 June
1991, you were dropped from the program due to your failure to
obey the program rules by consuming alcohol and missing a
scheduled meeting. On 21 August 1991, you received nonjudicial
punishment (NJP) for underage drinking, disobedience, and two
periods of unauthorized absence. 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
and on 15 November 1991, it was directed that you be separated
with a general discharge by reason of misconduct. You were so
discharged on 21 November 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 discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
changing your characterization of service given your failure to
adhere to your command's alcohol rehabilitation treatment program
and NJP for serious offenses. The Board noted that although you
waived the right to an ADB, your best chance for retention,
you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when an individual is discharged for misconduct. Accordingly,
your application has been denied. The names and votes of the_
members of the panel will be furnished upon request. 7
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,
TS AS coo
ROBERT D. ZSALMAN
Acting Executive Director
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