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NAVY | BCNR | CY2007 | 10967-07
Original file (10967-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 10967-07
19 August 2008

 

 

This is in reference tto your application for correction of your
naval record pursuant |to the provisions of title 10 of the United

States Code section 1952.

A three-member panel af the Board for Correction of Naval
Records, sitting in eMecutive session, considered your
application on 12 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary malterial 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 consfientious 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 1 May 1981 at age 17. During

the period from 14 MarĀ¢h 1982 to 7 July 1982, you received
nonjudicial punishment|on four occasions. Your offenses were two

instances of assault, breaking restriction, sleeping on post,
disobedience and damaging private property. A special court-
martial convened on 5 Qctober 1982 and convicted you of three
instances of assault. |The sentence of the court included
forfeitures of pay, reduction in grade and confinement at hard

labor for three months. Subsequently, you were in an
unauthorized absence status in March 1983 for about six days.

Based on the foregoing |record, you were processed for an
administrative discharge by reason of misconduct. After review,
the discharge authority directed discharge under other than
honorable conditions and you were so discharged on 23 May 1983.

plication the Board carefully weighed all
potentially mitigating ffactors, such as your youth and contention
that you became an alcoholic while in the Marine Corps. You
believe that if you had] received treatment for alcoholism that
you would have completed@ your enlistment. The Board found that
these factors and contemtion were not sufficient to warrant
recharacterization of ypur discharge given your multiple offenses

In its review of your :
which suggests willful misconduct. There is no evidence in the

record and you have submitted none to show that alcoholism led to
your misconduct. However, the Board was aware that alcohol abuse
is not considered to be an excuse for misconduct and disciplinary

action is appropriate

following alcohol related offenses. The

Board concluded that tthe 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 t
favorable action cann
Board reconsider its

evidence or other matt
In this regard, it is
presumption of regulay
Consequently, when app
record, the burden is
existence of probable

he circumstances of your case are such that
t be taken. You are entitled to have the
ecision upon submission of new and material
er not previously considered by the Board.
important to keep in mind that a

ity attaches to all official records.

lying for a correction of an official naval
on the applicant to demonstrate the
material error or injustice.

Sincerely,

W. DEAN PFE

Executive Di ir

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