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DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Fot S. COURTHOUSE ROAD, SUITE 1007
ARLINGTON, VA 22204-2490
“TAL
Docket No: 3128-14
5 November 2014
Dear CED
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.
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
22 October 2014. 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
19 June 1997. On 19 February 2003, you were referred to
substance abuse rehabilitation as a result of receiving a
civilian citation for urinating in public while intoxicated.
On 28 March 2003, you completed the intensive outpatient
treatment and were directed to participate in a command monitored
substance abuse program for a period of 52 weeks. On 10 October
2003, you were convicted in civil court of driving under the
influence (DUI) of alcohol.
Subsequently, you were notified of pending administrative
separation by reason of alcohol rehabilitation failure, at which
time you waived your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board. Your commanding officer recommended discharge under
honorable conditions by reason of alcohol rehabilitation failure.
The discharge authority approved this recommendation and directed
separation under honorable conditions by reason of alcohol
rehabilitation failure, and on 14 November 2003, you were so
discharged.
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 and assertions of sexual
_assault by a fellow sailor and post-traumatic stress disorder
(PTSD). Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct that resulted in a DUI
¢ivil conviction and failure to complete an alcohol
rehabilitation program. Further, you were given an opportunity
“to defend your actions, but waived your procedural rights.
Regarding your assertion of suffering from PTSD, the Board noted
that you did not provide a diagnosis and that the severity of
your misconduct outweighed the mitigation of your possible
diagnosis. Finally, there is no evidence in the record, and you
provided none, to support your assertion of being sexually
assaulted. Accordingly, your application has been denied.
Tt 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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