DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 7180-08
25 March 2009
This is in reference to your application for Gerréétion 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 17 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps for four years on 15 June 1988
at age 18. During the period from 21 November 1988 to 12 March
1992 you were counseled concerning your poor performance and
conduct on four occasions and received nonjudicial punishment on
four occasions. Your offenses were several instances of
disobedience and two short periods of unauthorized absence. A
special court-martial convened on 15 July 1992 and convicted you
of wrongful use of marijuana. The court sentenced you to
forfeitures of pay, reduction to pay grade E-1 and 90 day
confinement. On 12 August 1992 you were determined to be alcohol
dependent.
Based on the foregoing record, you were processed for an
administrative discharge. An administrative discharge board met
on 25 September 1992 and found that you should be discharged due
to a pattern of misconduct with a discharge under other than
honorable conditions. After review, the separation authority
directed discharge under other than honorable conditions and you
were so discharged on 29 September 1992 with an RE-4 reenlistment
code. At that time, you declined inpatient treatment with the
Department of Veterans Affairs for your alcohol probiem.
In its review of your application the Boar! carefully weighed ail
potentially mitigating factors, such as your youth and
contentions in effect, that it was improper to discharge you
under other than honorable conditions when you were so close to
completing your enlistment. You contend that the command only
processed you for an administrative discharge because they were
upset that you were not sentenced to a bad conduct discharge by
the special court-martial and believed that they owed you a
discharge under other than honorable conditions. The Board found
that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and failure to respond to counseling. Regulations
require the assignment of an RE-4 reenlistment code when an
individual is discharged under other than honorable conditions.
The Board concluded that the discharge and related reenlistment
code were proper 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 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,
N
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