DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1601
ARLINGTON, VA 22204-2490
TAL
Docket No: 3843-13
19 March 2014
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 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 reenlisted in the Navy on 15 July 1994 after more than four
years of prior honorable service. On 3 July 1995, you were
charged with driving under the influence (DUI), resisting arrest
and speeding by the sheriff in Jacksonville, Florida. On
17 October 1995, you signed an administrative remarks entry
acknowledging that you refused Level II Alcohol Abuse Treatment.
You also acknowledged that by refusing to participate in the
Level II treatment program could result in administrative
discharge. You were notified of pending administrative.
discharge processing with an honorable discharge due to alcohol
rehabilitation failure. You waived all of your procedural
rights, including right to counsel and to submit a written
statement. On 24 November 1995, you received the honorable
discharge for alcohol rehabilitation failure.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to change your narrative reason for
separation given your refusal attend and complete your command’s
alcohol rehabilitation program. 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,
ROBERT D. 4SALMAN
Acting Executive Director
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