DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7239-08
13 April 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
8 April 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.
On 9 June 1980, you enlisted in the Marine Corps at age 18 after a
prior period of honorable service in the Army National Guard. On
18 January 1982 and 2 March 1983, you had nonjudicial punishment
(NJP) for failure to go at the time prescribed to your appointed
place of duty, damage of government property, public drunkenness, and
drunk and disorderly conduct. On 8 April 1983, you were counseled
regarding your unsatisfactory performance and conduct, advised that
the command would assist you with alcohol counseling and antabuse,
and warned that further infractions could result in administrative
separation. On 11 April 1983, you had NUP for a brief instance of
unauthorized absence. On 30 April 1983, you were counseled regarding
your performance and disciplinary problems and given another
discharge warning. On 21 June 1983, you had NUP for disobedience of
a lawful order, assault, being incapacitated for the proper
performance of your duties due to previous over indulgence of
alcohol, and drunk and disorderly conduct. On 12 August 1983, your
commanding officer stated that all of your liberty incidents resulted
from alcohol abuse and you were placed in an alcohol rehabilitation
program, but you ignored the treatment.
On 26 September 1983, your commanding officer initiated
administrative separation by reason of misconduct due to a pattern of
misconduct. In connection with this processing, you acknowledged
that separation could result in an other than honorable (OTH)
discharge and waived the right to have your case heard by an
administrative discharge board (ADB). On 14 October 1983, the
separation authority approved the recommendation and directed an OTH
discharge by reason of misconduct due to a pattern of misconduct.
On 20 October 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for a better discharge, and contention that you were unjustly
discharged. Nevertheless, the Board concluded that these factors and
contention were not sufficient to warrant recharacterization of your
service due to the four NUJP's. 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.
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,
Deed
W. DEAN P
Executive D
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