DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 08963-13
3 October 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 1 October 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 on 15 November 1983. During your in-
processing you signed and acknowledged the Navy drug and alcohol
policy. On 25 August 1985, you were arrested by the San Diego,
California police for driving under the influence of alcohol.
On 3 October 1986, you were arrested by the San Diego,
California police for driving under the influence of alcohol.
On 22 January 1987, you received nonjudicial punishment (NJP)
for failure to obey a lawful order and being absent from your
appointed place of duty. You were advised that your commanding
officer was recommending you for administrative separation with
a discharge under other than honorable conditions (UOTHC) due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). However,
your misconduct continued and on 16 April 1987, you received NUP
for being absent from your appointed place of duty and derelict
in the performance of your duties. Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct (commission
of a serious offense). The discharge authority agreed with the
recommendation and directed a discharge UOTHC. On 14 July 1987,
you were discharged UOTHC and assigned an RE-4 (ineligible for
reenlistment) reenlistment code.
‘The Board, in its review of your application, considered all
potentially mitigating factors presented in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your record of serious misconduct. In addition, the Board
neted that you waived the right to an ADB, your best opportunity
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 entitied to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
ROBERT J. O'NETLL
Executive Director
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