DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

SJN
Docket No: 06657-06
12 January 2007

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 3 January 2007. 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 on 29 July 1999 at age 19. On 8 December 1999 you received nonjudicial punisliment (NJP) for underage drinking, resisting arrest, drunk and disorderly conduct, and assault. You received restriction, extra duties, and a forfeiture of pay. Your served without incident until 19 March 2001, when you were convicted by civil authorities of driving under the influence (DUI), disorderly conduct, and careless driving. You were sentenced to probation and a fine. During the period from. 2 April 2001 to 20 November 2003, you received three additional NJP’s for driving under the influence of alcohol, a 11-day period of unauthorized absence (UA), two instances of disrespect, and two specifications of absence from your appointed place of duty.

Administrative discharge action was then initiated by reason of misconduct due to commission of a serious offense. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 15 December 2003 your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 17 December 2003 the discharge authority directed an other than honorable discharge and on 30 December 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 youth, time in service and contention that prescribed medication was the cause of your misconduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or changing your reenlistment code because of your four NJP’s and the conviction by civil authorities. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. With regard to your contention, the Board noted that there is no evidence in your record, and you submitted none, to support it. Moreover, the command was actively assisting you with your alcohol abuse by entering you into an addiction treatment facility, which you completed on 17 May 2001. Finally, alcohol abuse does not excuse misconduct, and disciplinary action and administrative separation are appropriate. 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.

Sincerely,

ROBERT D ZSALMAN
Acting Executive Director

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