DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 8074-68
14 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 July 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 14 February 1989 at age 21.
Your record reflects that on 9 February you received counselling
due to an alcohol related incident on 26 January 1990 and were
subsequently assigned to a Level I rehabilitation program on 1
February 1990. It also reflects that on 30 August 1990 you were
again counselled regarding your arrest by civil authorities on 4
August 1990 for driving while intoxicated.
On 1 March 1991 you were assigned to a Level III rehabilitation
program due to alcohol dependency. On 5 April 1991 you were
assigned to the mandatory aftercare program. On 23 July 1991 you
received nonjudicial punishment (NJP) for a one day period of
unauthorized absence (UA). During the period from 30 August to
23 December 1991 you received counselling on three occasions for
failure of a Level III rehabilitation aftercare program, breaking
restriction, consuming alcoholic beverages aboard your ship, and
financial responsibilities for nonpayment of $2,329.
On 8 January 1992 you received NUP for absence from your
appointed place of duty. The next day you received counselling
for alcohol rehabilitation failure. As a result, on 30 January
1992, you were notified of pending administrative separation
action by reason of convenience of the government due to alcohol
rehabilitation failure. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 6 March 1992 an ADB recommended discharge under
honorable conditions by reason of convenience of the government
due to alcohol rehabilitation failure. On 2 April 1992 your
commanding officer also recommended you be issued a general
discharge due to alcohol rehabilitation failure. On 7 May 1992
the discharge authority approved the recommendations for
separation and directed your commanding officer to issue you a
general discharge by reason of alcohol rehabilitation failure.
On 14 May 1992 you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your explanation regarding your
reasons for your financial problems that were caused by the
government and alcohol rehabilitation failure. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge. Further, the Board
. concluded that your Level I, Level III, and aftercare
rehabilitation failures were sufficiently supported by your
alcohol related misconduct. Finally, there is no evidence in the
record and you submitted none, to support your assertion of
financial problems being caused by the government. Accordingly,
your application has been denied.
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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