DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Son
Docket No: 04128-0609
11 March 2010
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 9 March 2010. 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 27 December 1983 at age 18. On 23 October 1985, you
received nonjudicial punishment (NUP) for unauthorized absence.
On 9 December 1985, you were counseled about damaging government
property while under the influence of alcohol, and warned that
further misconduct could result in administrative discharge
action. Based on the information currently contained in your
record it appears that you were enrolled in an alcohol
rehabilitation program and completed it on 14 March 1986. On
2 June 1986, your base driving privileges were revoked after you
were convicted by civilian authorities of driving under the
influence of alcohol. On 9 June and 25 September 1986, you
received NUP for failure to go to your appointed place of duty,
unauthorized absence, and disobedience. On 30 October 15986,
administrative discharge action was initiated to separate you by
reason of alcohol abuse rehabilitation failure. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 6 November
1986, your commanding officer forwarded his recommendation that
you receive a general discharge. You were so discharged on
3 December 1986. ,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NUP’s, conviction by civil authorities, and the
fact that you were counseled and warned concerning the
consequences of further mistonduct. 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,
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