DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100
Docket No: 5803-08
17 November 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 4 November 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.
You initially enlisted in the Marine Corps on 22 May 1972 and
reenlisted on several occasions. On 19 July 1979 you received
nonjudicial punishment (NJP) for unauthorized use of a government
vehicle, operating a government vehicle within eight hours of
drinking alcohol, and allowing an unauthorized person to drive a
government vehicle which resulted in an accident. Subsequently,
you were diagnosed as being an alcoholic and on 3 November 1980
you were admitted for alcohol rehabilitation. You apparently
successfully completed the program because on 27 April 1981 you
were allowed to reenlist for six years. On 1 October 1981 you
were promoted to gunnery sergeant.
On 8 November 1983 and 28 December 1984 you received NUP for
disobeying an order not to consume alcoholic beverages, being
drunk on duty, failure to go to your appointed place of duty and
disobedience.
Based on the foregoing record and your refusal to attend another
alcohol rehabilitation program you were processed for an
administrative discharge. On 11 February 1985, your commanding
officer recommended an honorable discharge stating that after
your last alcohol related NIP you were offered an opportunity to
attend another alcohol rehabilitation program but you had vefused
treatment. After review, the separation authority directed a
general discharge by reason of alcohol rehabilitation failure and
the assignment of an RE-3C reenlistment code. The general
discharge was issued on 15 March 1985. At that time you had
completed over 13 years of active service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your contention that the reason for your discharge
should be changed because no alcohol-related incident occurred.
The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your disciplinary record in your last enlistment. It is clear
that the offenses which resulted in the 8 November 1983 NJP were
alcohol-related and your commanding officer clearly stated that
the offenses at the last NUP were alcohol related. Further, your
fitness report for the period ending 28 December 1984 is adverse.
The Board concluded that the discharge by reason of alcohol
rehabilitation failure and a correction to your record is not
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,
W. DEAN PB PF
Executive D r
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