DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03381-08
6 March 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 3 March 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 1 May 1990 at age 19. During the period from 17 October
1990 to 27 February 1991, you received three nonjudicial
punishments (NUJP’s) for underage drinking, wearing an earring,
and breaking restriction.
On 22 April 1991, you were admitted to a level III treatment
program for alcohol dependency. Unfortunately, on 3 May 1991,
you were released from the program due to your denial of alcohol
dependency.
On 16 July 1991, 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 (ADB).
You elected only to obtain copies of documents supporting the
basis for separation. On 2 August 1991, the discharge authority
directed a qeneral discharge by reason of alcohol abuse
rehabilitation failure. On 23 August 1991 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 3.9. 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, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in three NJP’s and your
failure to adhere to your command's alcohol rehabilitation
program. Further, the Board noted that you waived the right to
an ADB, your best opportunity for retention or a better
characterization of service. 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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