DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8097-06
22 January 2008
Dear ®
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.
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A three-member panel of the Board for Correction of Naval
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applicalion om 15 January 2006. Your allegations of errai
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 12 December 1985 at age 20,
after a brief period of service in the Army Reserve. During the
period from 10 April 1986 to 24 November 1986, you received
nonjudicial punishment (NUP) on five occasions. Your offenses
were absence from your appointed place of duty and being
incapacitated for duty due to intoxication, sleeping on post,
disrespect, unauthorized absence for about eight hours and other
unspecified violations of Articles 86 and 134 of the Uniform Code
of Military Justice. Additionally, you were counseled on four
occasions concerning unauthorized absence, poor performance,
abuse of alcohol and unbecoming behavior which resulted in
hospitalization and confinement. In August of 1986 you were sent
to an alcohol rehabilitation program.
Based on the foregoing record you were processed for an
administrative discharge by reason of a pattern of misconduct.
In connection with his processing, you elected to waive the right
to have your case heard by an administrative discharge board.
After review, the discharge authority directed discharge under
other than honorable conditions and you were so discharged on 23
January 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and claim that
you developed an alcohol abuse problem while in the Marine Corps.
You state in your application that you desire a correction to
your record because you are homeless and need assistance from the
Department of Veterans Affairs. The Board found that these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your extensive
disciplinary record and failure to respond to counseling and
alcohol rehabilitation. The Board was aware that alcohol abuse
is not an excuse for misconduct and disciplinary action is
appropriate following alcohol related misconduct. The Board
concluded that the discharge was proper as issued and no change
is warranted.
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, \
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