DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 2214-00
30 August 2000

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.

Your allegations of error and

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.

The Board found that you enlisted in the Marine Corps on
The record reflects
27 August 1981 for four years at age 19.
during the 17 month period from February 1981 to April 1983 you
received three nonjudicial punishments (NJP).
consisted of consuming alcohol in the barracks and two instances
During this period, you were
of drunk and disorderly conduct.
also advanced to LCPL (E-3).

Your offenses

On 26 August 1983 you were referred for evaluation after you
requested assistance for your alcohol problems.
recommended that you be placed on antabuse, attend Alcoholics
Anonymous meetings three times per week, and be entered into a
formal treatment program for alcoholism.
were admitted to an emergency room for an  
emergency care treatment summary stated that you were pending in-
"palmingVV
patient treatment and were on antabuse, but had been

On 23 October 1983, you
The
antabuse reaction.

It was

 

your medication for four days.
pint of whiskey the previous evening.
be resumed on the following evening,
patient treatment as scheduled.

You had ingested 20 beers and a

Antabuse treatment was to

and you were to begin in-

You were admitted to a level III in-patient alcohol abuse
treatment program on 31 October 1983 and released from treatment
on 3 November 1983 with diagnoses of alcoholism and poly-drug
abuse.

The aftercare plan noted the following:

"This patient was a mis-referral to ARD because of his
multi-drug usage since age 15.
marijuana daily since age 15, infrequent use of
daily use of cocaine for nearly
hallucinogens, amphetamines,
the past three months (Aug-Ott 83) and other drugs including
PCP.
It is strongly recommended that (patient) be referred
to the Naval Drug Rehabilitation Center for treatment as a
drug addict."

He has used alcohol daily,

You were admitted to the in-patient rehabilitation treatment
program for drug abuse on 20 January 1984.
23 April 1984 advised the commanding officer that you failed to
successfully complete a formal drug rehabilitation course and
recommended that you be processed for administrative separation.

An informal report on

On 24 April 1984 you were notified that a general discharge was
being recommended by reason of drug abuse rehabilitation failure.
You were advised of your procedural rights, declined to consult
with legal counsel, and waived your right to submit a statement.
Thereafter, the discharge authority directed a general discharge
by reason of drug abuse rehabilitation failure.
discharged on 14 May 1984.

You were so

The record reflects
denied your request
1994.

that the Navy Discharge Review Board  
for upgrade of your discharge on 4 October

(NDRB)

Regulations provide that individuals separated by reason of drug
abuse rehabilitation failure receive the type of discharge
warranted by the service record.
in part, on military conduct and proficiency averages which are
computed from marks assigned during periodic evaluations.
conduct and proficiency averages through May 1992 were 4.1 and
However, there is no record of any marks
4.0, respectively.
The minimum
assigned for the last two years of your service.
average marks required for a fully honorable characterization at
the time your discharge were 4.0 in military behavior and 3.0 in
proficiency.

Character of service is based,

Your

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The Board noted the issues you presented to the NDRB

In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
letters  of reference attesting to your character and post-service
achievements, course completion certificates and diplomas, and
the fact that it has been nearly 16 years since you were
discharged.
and your current contentions that you came from a dysfunctional
family with alcoholic father who abused your mother, that you
were 16 when they separated,
father you went to his house and found him dead.
after witnessing this terrible and horrific scene, you rebelled
and began to drink alcohol and experiment with drugs.
that the Marine Corps enlisted knowing that you abused alcohol
and drug prior to service.

and after a week of not seeing your

You assert that

You noted

Further, characterization was not wholly determined

The Board concluded that for foregoing factors and contentions
were insufficient to warrant recharacterization of your discharge
given your record of three  
NJPs and your failure to successfully
The Board particularly
complete a drug rehabilitation program.
noted that, for unknown reasons, your record has no conduct and
The
proficiency marks for the last two years of your service.
NJPs and your
Board believed that since you received two of the  
substance abuse escalated during this period, any marks assigned
would have been sufficiently low to have brought your conduct
average below the 4.0 average required for a fully honorable
discharge.
It appeared to the Board the Marine Corps
by the mark averages.
gave you every consideration when it sent you not only to alcohol
rehabilitation treatment, but also to drug rehabilitation
The Board believed that given your misconduct prior
treatment.
to rehabilitation treatment, you were fortunate to not have been
processed for separation under other than honorable conditions.
Additionally, a Federal Bureau of Investigation report obtained
by the Board indicates that your post-service conduct in the two
years after your discharge was marred by a conviction for driving
Although, it appeared to
under the influence of alcohol/drugs.
Board that since then you have made commendable efforts to turn
your life around, the Board did not find your post-service
achievements sufficiently mitigating to warrant recharacterizing
your service.
proper and no change is warranted.
has been denied. The names and votes of the members of the panel
will be furnished upon request.

The Board thus concluded that the discharge was

Accordingly, your application

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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

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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,

W. DEAN PFEIFFER
Executive Director