DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1471-08
25 September 2008
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
24 September 2008. 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 28 February 1982, you reenlisted in the Marine Corps at age 20.
On 8 December 1982 and 10 March 1983, you had nonjudicial punishment
(NIP) for two instances of disobedience of a lawful order, drunk and
disorderly conduct, use of marijuana, and leaving your appointed place
of duty. On 10 March 1983, you were counseled regarding deficiencies
in your performance and conduct and warned that further infractions
could result in disciplinary action or administrative separation.
On 12 May 1983, suspended punishment from the NUP that you had on
8 December 1982, was vacated due to unspecified misconduct.
Based on the information currently contained in the record, it appears
that your commanding officer subsequently initiated administrative
separation action by reason of misconduct due to a pattern of
misconduct and drug abuse. In connection with this processing, you
would have acknowledged that separation could result in an other than
honorable (OTH) discharge and been given an opportunity to have your
case heard by an administrative discharge board (ADB). Apparently the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a pattern of
misconduct. On 10 June 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior period
of honorable service and desire for a better discharge. The Board
also considered your contention that you were not offered help with
alcohol abuse. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your discharge
due to the seriousness of your misconduct that continued even after
you were warned that further infractions could result in
administrative separation. Regarding your contention, available
medical records show that you did receive treatment for alcohol abuse.
However, alcohol abuse does not excuse misconduct. The Board also
noted that you waived the right to have your case heard by an ADB,
your best opportunity for retention or a more favorable
characterization of service. Therefore, 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.
The Board noted that as a result of your prior honorable service, you
may be eligible for veterans' benefits. You should contact the
nearest office of the Department of Veterans Affairs if you desire
clarification about your eligibility for those benefits.
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,
NS
W. DEAN PFE
Executive Di
NAVY | BCNR | CY2008 | 05807-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2007 | 10122-07
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. During the period 12 November 1982 to 18 February 1983, you had three NUP's. 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.
NAVY | BCNR | CY2008 | 00634-08
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. In connection with this processing, you would have acknowledged that separation could result in an other than honorable (OTH) discharge and it appears that you waived the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of...
NAVY | BCNR | CY2008 | 07239-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2009. 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. On 8 April 1983, you were counseled regarding your unsatisfactory performance and conduct, advised that the command would assist you with alcohol...
NAVY | BCNR | CY2007 | 10123-07
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. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued after you were repeatedly warned that further infractions could result in an OTH discharge. ...
NAVY | BCNR | CY2008 | 08476-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 02669-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. On 6 November 1984, you were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2008 | 00653-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2008. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct. 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.
NAVY | BCNR | CY2008 | 01911-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. 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. Nevertheless, the Board concluded that these factors and your belief were not sufficient to warrant recharacterization of your discharge due to the...
NAVY | BCNR | CY2008 | 01913-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...