DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10299-02
12 September 2003
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 9 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record, and applicable statutes, regulations,
Your allegations of error and
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 Marine Corps on 13 January 1981 at age 18.
On 12 September 1981 you received nonjudicial punishment (NJP)
for communicating a threat and were awarded a $135 forfeiture of
pay and correctional custody for seven days, which was suspended
for six months.
Shortly thereafter, on 23 October 1981, you
received NJP for two specifications each of disorderly conduct
and causing a disturbance.
The punishment imposed was a $135
forfeiture of pay.
execution of the correctional custody which was suspended at the
12 September 1981 NJP.
The commanding officer also directed
On 3 January 1982 YOU were convicted
(SCM) of communicating a threat, drunk-and
and three specifications of destruction of
sentenced to confinement at hard labor for
reduction to
On 4 June 1982
assault and were awarded a $250 forfeiture
paygrade E-l, and restriction for 45 days.
paygrade E-l.
bv summary court-martial
disorderly conduct,
property.
You were
one month and
you received NJP for
of pay, reduction to
On 7 June 1982 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
At that time you waived your right to consult with
authorities.
legal counsel and to present your case to an administrative
discharge board.
recommended an other than honorable discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities and stated as follows:
Subsequently, your commanding officer
(Member) has been the subject of dozens of violent incidents
usually related to alcohol.... unfortunately, many of these
(incidents) went unpunished as his company commander felt
that he had promise.... (his) subsequent actions clearly
demonstrate that he has no potential for further service.
Subsequently, the discharge authority directed an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities, and on 15 July 1982 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you are an alcoholic and were not aware of what
you were doing.
and contention were not sufficient to warrant recharacterization
of your discharge because of your serious and repetitive
misconduct which resulted in three
conviction.
and disciplinary action and administrative separation are
appropriate after alcohol related misconduct.
application has been denied.
Further, alcohol abuse does not excuse misconduct,
Nevertheless, the Board concluded these factors
NJPs and a court-martial
Accordingly, your
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
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
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,
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