DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JRE!
Docket No: 5338-02
28 January 2003
From:
To:
Subj
:
Refi
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
10 U.S.C. 1552
DD Form 149
Subject’s naval record
(a)
(1)
(2)
.
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to
show that she was separated from the Marine Corps with an honorable or a general
discharge.
2. The Board, consisting of Ms. Nofziger and Messrs. Chapman and Morgan, reviewed
Petitioner’s allegations of error and injustice on 23 January 2003 and, pursuant to its
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Although, it appears that enclosure (1) was not tiled in a timely manner, it is in the
the application on its merits.
interest of justice to waive the statute of limitations and review
C. Petitioner enlisted in the Marine Corps Reserve on 22 July 1986, and entered on
active duty for training on 4 August 1986. She was admitted to an alcohol rehabilitation
program on 6 March 1987 with a diagnosis of alcohol dependence. She was discharged from
the program on 3 April 1987 as a treatment failure. She was considered unsuitable for active
duty service, and to have “minimal prognosis” for service in the Marine Corps Reserve. It
was noted by officials of the rehabilitation service that administrative separation by reason of
alcohol rehabilitation failure was warranted in her case. She was discharged from the Marine
Corps Reserve on 4 May 1987 by reason of misconduct/pattern of misconduct, with a
discharge under other than honorable conditions, based on her two nonjudicial punishments
for drinking alcoholic beverages on two occasions while under the age of 2 1, breaking
restriction,
were related to her uncontrollable compulsion to drink alcoholic beverages. She states that
she has been sober for about 4 years.
and.failing to check out on liberty. According to Petitioner, all of those offenses
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that
Petitioner’s misconduct was directly related to her alcohol dependence. Although the
misconduct cannot be excused on that basis, it is significantly mitigated. Accordingly, and as
her acts of misconduct were relatively minor in nature, the Board concludes that it would be
in the interest of justice to grant her request for an upgraded discharge.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that on 4 May 1987, she was
separated from the Marine Corps Reserve by reason of alcohol rehabilitation failure, with a
general discharge.
b. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
the Board for correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference (a), has been approved by the Board
on behalf of the Secretary of the Navy.
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