DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OES, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
SIN
Docket No: 7238-13
6 August 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 5 August 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.
On 9 April 1997, you reenlisted in the Navy after serving over
seven years of honorable service. The Board found that on
2 August 1995, you completed a Level III alcohol rehabilitation
program and were warned that any involvement in a subsequent
alcohol related incident or failure to complete your aftercare
treatment would be grounds for administrative discharge action.
On 27 September 1997, you were arrested by military authorties
for driving under the influence (DUI) of alcohol. Subsequently,
administrative discharge action was initiated to separate you by
reason of alcohol abuse rehabilitation failure. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). You elected
only to cbtain copies of documents supporting the basis for
separation, Your commanding officer stated, in part, that in
your previous enlistment you received nonjudicial punishment for
DUI, were referred to Level ITI alcohol rehabilitation treatment,
and despite the counseling and numerous resources made available
to you, your off-duty conduct had escalated into a pattern of
minor misconduct. You received a general discharge on 24 October
1997.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and desire-to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your failure to adhere to your
command's alcohol rehabilitation program. Finally, the Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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,
ee
‘ROBERT D. ZSALMAN
Acting Executive Director
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