DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1644-14
26 February 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 24 February 2015. The names and votes of the
members of the panel will be furnished upon request. 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, began a period of active duty on 5
August 1981, and served for about six months without disciplinary
incident. However, during the period from 24 February to 1 April
1982, you received nonjudicial punishment (NUP) on three
occasions for being drunk on duty, failure to go to your
appointed place of duty, breaking restriction, using provoking
speech, disorderly conduct, two specifications of disobedience,
and two periods of unauthorized absence (UA) totalling 66 days.
During the period from 2 August to 12 October 1982, you were
referred for a medical evaluation due to your aggressive and
agitated behavior and history of alcohol abuse. The medical
report notes that you threaten to kill someone if you did not get
out of the Navy. You were diagnosed with a character disorder
with mixed and explosive antisocial features and recommended for
an administrative separation. You were also found to be
psychologically dependent on alcohol and were enrolled ina
rehabilitation program for a four week period. However, because
of your departure, on two occasions, from treatment to consume
alcoholic beverages, you were subsequently dis-enrolled from the
program. Subsequently, after waiving your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board, you were administratively
processed for separation by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
In this regard, on 24 November 1982, you were issued an other
than honorable discharge by reason of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, post service conduct, and
assertions that you were asked to leave the rehabilitation
program and as such not allowed to complete your treatment for
alcoholism; and not provided legal representation during your
separation processing.. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your misconduct which resulted in
three NJPs and your failure to successfully complete alcohol
rehabilitation. Finally, the Board noted that there is evidence
in the record that is contrary to your assertions. Accordingly,
your application has been denied.
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
within one year from the date of the Board's decision. 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.
Singeyely
ROBERT J.
Executive Director
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