DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 03136-08
12 February 2009
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 10 February 2009. 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.
You enlisted in the Marine Corps and began a period of active
duty on 4 March 1986 at age 20. During the period from
30 March 1987 to 1 August 1988, you were convicted by summary
court-martial (SCM) of use of marijuana, and three nonjudicial
punishments (NJP’s) for two instances of disobedience,
disrespect, assault, two instances of absence from your appointed
place of duty, and breaking restriction. Additionally, you were ~
counseled and warned that further misconduct could result in
administrative discharge action.
Based on the information currently contained in your record it
appears you were admitted to a Level III alcohol rehabilitation
program on 27 January 1988. However, on 28 December 1988, you
were released from the program due to your inability or refusal
to participate in the treatment and rehabilitation. The report
stated, in part, that you were found to be alcohol dependent and
not suitable for further service.
On 20 March 1989, administrative discharge action was initiated
to separate you by reason of alcohol abuse rehabilitation
failure. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board. You elected only to obtain copies of documents supporting
the basis for separation. Your commanding officer recommended
separation with a general discharge by reason of alcohol abuse
rehabilitation failure. On 29 March 1989, the separation
authority directed a general discharge by reason of alcohol abuse
rehabilitation failure. On 7 April 1989 you were so discharged.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.3. At the time of your
Service, a conduct average of 4.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your record of three NJP’s, conviction by
SCM for drug use, failure to adhere to your command’s
rehabilitation program, and failure to attain the required
average in conduct. 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,
\ Dons
W. DEAN PF R
Executive reactor
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