DEPARTMENT OF THE NAVY 
	   	   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

							TRG
										 Docket No: 6784-03
										 28 July 2004

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 20 July 2004. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You reenlisted in the Navy for four years on 16 July 1994 as a petty officer fir. t clas~ (BUI. F-fl - At that time you had completed about II years of active duty on prior enlistments.

The record shows 10 October 1995 you were drunk and disorderly aboard a commercial flight and were apprehended by police when the plane landed in Los Angeles. On 3 February 1996, you received nonjudicial punishment (NJP) for indecent assault, disorderly conduct and drunkenness based on your conduct aboard the aircraft. The punishment imposed was 45 days restriction, forfeitures of pay totaling $1824 and a reduction in rate to petty officer second class (BU2; E-5).

Subsequently, you were processed for an administrative discharge by reason of alcohol rehabilitation failure and commission of a serious offense. At that time, you elected to exercise all of your rights. However, on 28 February 1996 you entered an inpatient alcohol rehabilitation treatment program and successfully completed the program on 28 March 1996.

Am administrative discharge board (ADB) convened on 19 April 1996 and concluded that you had committed misconduct due to a commission of a serious offense and recommended a general discharge. The ADB considered numerous excellent character references concerning your many years of outstanding service. Subsequently, the commanding officer agreed that you had committed misconduct but strongly recommended your retention in the Navy. He noted that your qualifications and outstanding performance of duty made you a great asset to the Navy. He believed that you had learned your lesson and there would be no further alcohol related misconduct. However, after review, the discharge authority concurred with the ADB’s recommendation and directed a general discharge by reason of misconduct. You were so discharged on 30 August 1996.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your many years of outstanding service and your contentions that it is hard to get a good job with a general discharge, and you have lost the means to support your family. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the misconduct that led to your discharge. The Board believed that your many years of outstanding service were considered when the ADB recommended a general discharge. In this regard, the Board noted a discharge under other than honorable conditions is authorized and normally assigned when an individual is discharged due to misconduct. The Board thus concluded that the discharge was proper as issued and no change is warranted.

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 entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. 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.

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