WDEPAR! Mohs hee! f rec NAY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00440-13
23 October 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 160, 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 22 October 2013. 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
13 December 2005. The Board found that although your record is
incomplete, it appears you were enrolled in an alcohol
rehabilitation aftercare program. On 29 October 2009, you
received nonjudicial punishment (NJP) for disobedience, making a
false official statement, dereliction of duty, drunk and
disorderly conduct, and unauthorized absence. You received a
reduction in paygrade, a forfeiture of pay, restriction and extra
duty. It also appears that based on these incidents,
administrative discharge action was initiated to separate you by
reason of alcohol abuse rehabilitation failure, and you waived
your rights to consult counsel or submit a statement. Your case
was forwarded and the separation authority directed a general
discharge by reason of alcohol rehabilitation failure. You were
so discharged on 4 December 2009.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your Gischarge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change to your characterization of service given NJP and your
failure to adhere to 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,
Executive D
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