DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 &. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 2149-14
26 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
16 March 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 and began a period of active duty on
z7 October 1980, and satisfactorily served for about 11 months
without incident. On 22 October 1981, you received nonjudicial
punishment (NJP) for drunk and reckless driving and being drunk
on duty. On 20 September 1982 and again on 28 October 1982, you
were formally counseled regarding your involvement with drugs
and unsatisfactory performance. You also received two adverse
performance evaluations. ,
Subsequently, administrative discharge action was initiated by
reason of alcohol abuse and unsatisfactory performance. At that
time you waived your procedural rights. The separation
authority directed a General discharge due to unsatisfactory
performance, and, on 31 March 1983, you were so discharged,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors; such as
your record of service, desire to upgrade your discharge, and
your assertion that you were diagnosed with schizophrenia and
depression but was not allowed to seek help while in the Navy.
Nevertheless, .based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your unsatisfactory performance and misconduct which resulted in
NUP and two formal counselings. The Board noted that there is
no evidence in your record, and you submitted none, to support
your diagnosis of schizophrenia and depression or that you
sought help for these conditions while you were in the Navy.
Finally, the Board noted that you waived your procedural rights
which may have resulted in a better characterization of service.
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 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’ NEILL
Executive Director
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