Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR3128 14
Original file (NR3128 14.pdf) Auto-classification: Denied
ura

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

Similar Decisions

  • NAVY | BCNR | CY2014 | NR3128 14_Redacted

    Original file (NR3128 14_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014. 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. Subsequently, you were notified of pending administrative ‘separation by reason of alcohol rehabilitation failure, at which time you waived your...

  • USMC | DRB | 2013_Marine | MD1301269

    Original file (MD1301269.rtf) Auto-classification: Denied

    Based on the Applicant’s alcohol rehabilitation failure, command administratively processed for separation. After considering the Applicant’s record of service in his current enlistment, the Separation Authority determined he met the bases of separation for Alcohol Rehabilitation Failure and Pattern of Misconduct and further determined the primary basis for separation should be Alcohol Rehabilitation Failure with an Under Honorable Conditions (General) characterization of service. ”...

  • NAVY | BCNR | CY1999 | Document scanned on Thu Sep 21 09_17_36 CDT 2000

    Further, other individuals stated that you did not notify the command until the third duty day after the arrest. You contend that the arrest was reported on the first day back to work; you were directed not to have any contact with anyone on board the submarine, and therefore could not obtain any witnesses; the executive officer threatened further adverse action if you appealed the NJP; and you were told that you would receive additional alcohol rehabilitation prior to discharge. ...

  • NAVY | BCNR | CY2014 | NR3065 14

    Original file (NR3065 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 8 November 1993, you were so dischargea ‘The Board, in its review of your entire record and application, ‘carefully weighed all potentially mitigating factors, such as your desire to upgrade your...

  • NAVY | BCNR | CY2014 | NR3065 15_Redacted

    Original file (NR3065 15_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014. 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. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 8 November...

  • NAVY | BCNR | CY2015 | NR3065 15_Redacted

    Original file (NR3065 15_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014. 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. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 8 November...

  • USMC | DRB | 2012_Marine | MD1201123

    Original file (MD1201123.rtf) Auto-classification: Denied

    On 13 July 2011, the Separation Authority directed that the Applicant be separated from the Marine Corps with a General (Under Honorable Conditions) discharge due to Alcohol Rehabilitation Failure. Additionally, support is available by phone at: 1-877-222-VETS (8387).Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and the administrative separation process, the Board found Therefore, the awarded characterization of...

  • NAVY | DRB | 2007_Navy | ND0701081

    Original file (ND0701081.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in the Applicant’s discharge and characterization of his service. 20030221: Applicant discharged. Date Applicant Responded to Notification: 20030214 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Separation Authority (date): Commanding Officer, Navy Recruiting District Indianapolis...

  • NAVY | BCNR | CY2002 | 01155-02

    Original file (01155-02.pdf) Auto-classification: Denied

    In response to the draft action, on 11 March 1998 you submitted the following statement: I am aware of the consequences of this conviction in both the Naval Service and the Civil System and I accept full responsibility for my actions. On 14 December 1998 the Commander, Training Wing FIVE submitted a final Civil Action Report to Navy Personnel Command that stated, in part, as follows: This is not (LTJG M's; alcohol related incident February 1998 for a DUI offense on 22 July 1997 and...

  • AF | BCMR | CY2006 | BC-2005-00091

    Original file (BC-2005-00091.doc) Auto-classification: Denied

    Counsel discusses the applicant’s problems with alcohol and states that alcohol dependency is recognized as a mental and physical disease. The complete evaluation is at Exhibit G. _________________________________________________________________ APPLICANT’S RESPONSE TO ADDITIONAL AIR FORCE EVALUATIONS: In his response to the Air Force evaluations, counsel disagrees with the assertion by AFPC/JA the applicant has not submitted evidence he is an alcoholic or suffers from alcoholism. The...