DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
_WASHINGTON DC 20370-5100 .
TAL
Docket No: 01885-0609
7 December 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 24 November 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 21 February 2001 at the age 22. On 22 May 2002, you received
nonjudicial punishment (NIP) for disrespectful conduct and
violation of an order by wrongfully drinking alcohol. On 14 June
2002, you received NUP for disobeying a lawful written order by
drinking alcohol while on restriction. On 26 July 2002, you
received NIP for a 15 day period of unauthorized absence (UA).
On 9 December 2002, you received NUP for possessing and consuming
alcohol in the barracks and for being drunk and incapacitated for
duty. On 1 August 2003 you were diagnosed with a personality
disorder secondary to alcohol abuse and dependence and enrolled in
a Level III alcohol rehabilitation program. You subsequently
failed to complete this program. On 12 October 2003,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct as evidenced by four
NJP's and failure to complete the alcohol rehabilitation
treatment. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB): On 14 October 2003, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions. On 23 December 2003, the
separation authority directed an OTH discharge by reason of
misconduct due to a pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct and
alcohol rehabilitation failure. Finally, the Board noted that
you waived the right to an ADB, your best chance 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,
W. DEAN PF
Executive estior
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