DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 7266-13
14 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 12 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. ,
You enlisted in the Navy and began a period of active duty on-
24 February 1987. The Board found that on 3 November 1988, you
were convicted by civil authorities of driving under the
influence (DUI) of alcohol. You were sentenced to pay a fine,
180 days in jail, which was suspended, and required to attend an
alcohol awareness program. On 23 January 1989, you received
nonjudicial punishment. (NJP) for five days of unauthorized
absence (UA). On 24 January 1989, you were counseled and warned
that further misconduct could result in administrative discharge
‘action. On 24 March 1989, you received a second NUP for 15 days
of UA. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense and civil conviction. 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. On 4 May 1989, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
ghange in your discharge given your civil conviction of DUI, two
JP's, and the fact that you were warned of the consequences of
further misconduct. 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,
(eS
ROBERT D. ALMAN
.Acting Executive Director
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