DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 sdN
Docket No: 04039-13
1 May 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 30 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
20 April 1987. The Board found that on 23 April 1987, you were
briefed on the Navy's policy regarding drug and alcohol abuse.
On 13 April 1988, you received nonjudicial punishment (NIP) for
the use of disrespectful language, and drunk and disorderly
conduct. You received restriction and a forfeiture of pay.
Additionally, you were involved in three alcohol related
incidents that resulted in formal counseling. 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 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 to commission of a serious offense. You
were so discharged on 23 May 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, desire to upgrade your discharge, and belief that your
characterization of service would change six months after your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP for serious offenses, counseling’s for alcohol
related incidents and the fact that you were briefed on the
Navy's policy regarding alcohol abuse. Further, the Board 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 allows for recharacterization of a discharge
automatically after six months or due solely to the passage of
time, 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,
Te, Sas
ROBERT D. ZSALMAN
Acting Executive Director
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