DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR .
- Docket No: 3937-13
- 25 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. oe
A ehrec¢menber panel of the Board for Correction of Naval
Records, sitting in executive session, considered your |
application on 25 March 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.
You enlisted in the Navy and began a period of active duty on 8
October 1980. You served for about a year without disciplinary |
incident, but during the period from 7 October 1981 to 5 July
1983, you received nonjudicial punishment: (NJP) on three
occasions for an unspecified period of unauthorized absence (UA) ,
absence from your appointed place of duty, driving under the.
influence of alcohol,- larceny, and two specifications of
disobedience. You were also convicted by civil authorities on 27.
_ June 1982 of driving under the influence of alcohol. A year -
~ later, on 16 June 1983, you were ‘arrested: by. civil authorities
for driving under the influence ‘of. alcohol. _
Your record reflects. that. during: the period from 14 December 1982
to 8 July 1983 you were .and directed to undergo medical
evaluations for your alcohol related misconduct. You were
diagnosed as psychologically dependent, attended but failed
alcohol pehaba ti eekien, and recommended for an administrative —
separation.
‘
a
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military and civilian authorities.
After waiving your procedural rights, on 19 July 1983, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities. On 23 July 1983, the discharge authority approved
_the recommendation for discharge and directed separation under
other than honorable conditions by reason of misconduct, and on
10 August 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities. Further, you were given’
an opportunity to defend your actions, but waived your procedural
right. Accordingly, your application has been denied.
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,
eS
ROBERT D. “ZSALMAN
Acting Executive Director.
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