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NAVY | BCNR | CY2006 | 06505-06
Original file (06505-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION.OF NAVAL RECORDS
                                    2 NAVY ANNEX
 WASHINGTON DC 20370-5100       
         SMW
Docket No: 6505-06
13 November 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 November 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 15 September 1988 at age 18, and served without incident until 25 June 1990, when you were counseled regarding being dropped from a Level III alcohol rehabilitation program due to your lack of participation and misconduct. At that time you were warned that further infractions could result in disciplinary action or an administrative separation. On 5 November 1990 you received nonjudicial punishment (NJP) for two instances of unauthorized absence totaling about seven days.
On 5 June 1991 you were convicted by a special court-martial (SPCM) of making a false official statement and feigning a mental derangement to avoid a deployment to Southwest Asia. The court sentenced you to forfeitures of pay, confinement, reduction in rank, and a bad conduct discharge (BCD). On 12 August 1991 you began appellate leave, and on 17 December 1991 your requests for clemency and restoration to duty were denied. After the BCD was approved at all levels of review, on 3 April 1997 you were so discharged.

 The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth. The Board also considered your contention of events after you were treated for alcohol abuse. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Regarding your contention, the record does show that your misconduct occurred after you were dropped from a Level III alcohol rehabilitation program, but failure of a substance abuse program does 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 PFEIFER
 Executive Director





















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