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NAVY | BCNR | CY2005 | 07800-05
Original file (07800-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SM W
 Docket No: 7800-05
 9 March 2006



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 8 March 2006. 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.
The Board found you enlisted in the Marine Corps on 28 September 1982 at age 19. During January 1983 you were married and gained two stepchildren. A son was born to you and your wife on 24 May 1983.

 On 28 June 1983 you attempted suicide, and received a psychiatric evaluation that diagnosed you with a mixed personality disorder. The evaluation recommended administrative separation if you continued to have difficulty adjusting to military life.
On 7 July 1983 your unit departed on deployment and on 17 July 1983 you were treated by medical authorities after becoming incoherent and violent as a result of drinking a bottle of whiskey. You were subsequently directed to take antabuse, and medical authorities recommended that you attend alcohol rehabilitation once your unit returned from deployment. On 9 December 1983 you were admitted to a mental health unit for observation because of an attempted suicide. Medical authorities again recommended that you attend alcohol rehabilitation.

On 4 January 1984 you returned from deployment with your unit. On 15 February 1984 you were directed to continue taking antabuse. On 3 April 1984 you were taken to the emergency room for treatment as a result of drinking alcohol while on antabuse.
On 24 April 1984 you began an unauthorized absence (UA) that ended on 23 May 1984, a period of about 29 days. On 24 May 1984 you were counseled regarding your disruptive behavior and warned that further deficiencies in your performance or conduct could result in an other than honorable discharge. A urinalysis also tested positive for use of marijuana.
You were subsequently charged with two specifications of UA totaling about 248 days, from 24 April to 23 May 1984 and from 28 May 1984 to 2 January 1985, and use of marijuana. On 11 January 1985 you requested an other than honorable discharge for the good of the service to avoid trial by court-martial for these offenses. At this time, you consulted with counsel and acknowledged the consequences of receiving such a discharge. On 21 January 1985, your request was granted and you were discharged on 23 January 1985 with an undesirable discharge. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth and abuse of alcohol. The Board also considered your contentions of extenuating circumstances regarding your marriage and children, and your abuse of alcohol. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge due to the seriousness of your lengthy periods of UA’s and drug use. The Board believed that considerable clemency was extended to you when the request for discharge to avoid trial by court-martial was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. With regard to your contentions, abuse of alcohol and personal problems do not excuse misconduct. 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,

                                                                        W. DEAN PFEIFFER
 Executive Director

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